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Ability You Can Bank On. Educational Kit 2000.President's Committee on Employment of People withDisabilities, Washington, DC.2000-00-0023p.

President's Committee on Employment of People withDisabilities, 1331 F St., NW, Washington, DC 20004-1107;Tel: 202-376-6200 (Voice); Tel: 202-376-6205 (TDD); Fax:202-376-6859; e-mail: [email protected]; Web site:http://www.pcepd.gov.Guides Non-Classroom (055)MF01/PC01 Plus Postage.Accessibility (for Disabled); Adults; *Arbitration; AttitudeChange; Attitudes toward Disabilities; *Career Development;*Disabilities; Employer Attitudes; Employer EmployeeRelationship; *Employment; *Mentors; *Self Employment; SmallBusinesses; Work Environment*Presidents Committee on Employment of Handicapped

This educational kit from the President's Committee onEmployment of People with Disabilities, a federal agency that coordinates andpromotes public and private efforts to enhance the employment of people withdisabilities, is designed to assist employers in promoting the employment ofpeople with disabilities. Committee activities carried out in 1999 aredescribed and perforated pull-out information sheets are then provided thataddress: (1) disability friendly strategies for the workplace; (2)

accommodating employees with hidden disabilities and examples ofaccommodations worked out through discussions between employees withdisabilities and employers; (3) alternative dispute resolution, including adiscussion of the advantages of using mediation and arbitration; (4) careerdevelopment for persons with disabilities, including career planning, teambuilding, networking, mentoring, and training; (5) mentoring and the benefitsof mentoring to businesses; (6) a glossary of commonly used terms relating tothe employment of and public accommodations for persons with disabilities;(7) small business and self employment for people with disabilities; and (8)the Ticket to Work and Work Incentive Improvement Act. (CR)

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PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES

EDUCATIONAL KIT zoo0 2

I A I I I A

PRESIDENT'S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES

A MESSAGE FROM CHAIRMAN TONY (OEL110

"Ability You Can Bank On." The theme of the 2000 education program kit conveys avital message: People with disabilities are ready, willing and able to be an essential part ofour nation's human resource capital.

With the country's lowest unemployment rate in 30 years, employers must search for newlabor pools to continue expanding their profits and our economy. Job candidates withdisabilities offer a natural solution. As a group so often overlooked, those of us withdisabilitiesnumbering 54 million strongare among the most committed and motivatedemployees. And we want to earn a paycheck and pay taxes!

The passage of the Ticket to Work and Work Incentives Improvement Act late in 1999 heralds the newmillennium for employment of persons with disabilities. This landmark legislation represents one of the mostimportant legislative advances for people with disabilities since the 1990 enactment of the Americans withDisabilities Act. It can make the transition to the world of work easier for people with disabilities who areconcerned about health care needs.

The staggering unemployment rate facing Americans with disabilities is a problem that impacts all of ourcitizensnot just people with disabilities. Keeping individuals with disabilities on welfare, social security andother benefit programs, rather than in jobs, is not cost effective nor does it help this nation's economyprosper. Businesses who actively recruit qualified applicants with disabilities have discovered a wealth ofuntapped skills, talents and abilities. Qualified persons with disabilities answer the need employers have foremployees who can get the job done. Further, persons with disabilities are natural problem solvers whocontribute valuable consumer perspectives regarding what the disability market needs and wants.

This is innovative thinking that translates into corporate profits that can be taken to the bank.

Those of us with disabilities must believe in ourselves. A positive mind set and self-advocacy in seekingemployment opportunities can be our most "bankable" assets. Small accomplishments lead to hugesuccesses. Little by little, we are demonstrating that employing people with disabilities provides employerswith "ability they can bank on."

-e-QCOL

Tony Coelho

iNTRODU(TION

The 2000 Educational Kit will help the reader witheducational projects that promote the employment ofpeople with disabilities. These materials can be used forprograms and activities to celebrate the tenthanniversary of the Americans with Disabilities Act(ADA) in July and National Disability EmploymentAwareness Month (NDEAM) in October. In addition,conducting community and company events linked toMartin Luther King Jr. Day in January, African-Americans History Month and Groundhog JobShadow Day in February, National Women's HistoryMonth in March, Secretary's Day in April, Labor Dayin September and Veterans Day in November, offersadditional opportunities to focus on the employment ofpeople with disabilities. Newspaper articles tied to yourevents will provide broad educational impact.

Signed into law ten years ago, on July 26, 1990, theADA, which prohibits discrimination in employmentand other areas on the basis of disability, is opening apath of opportunity in the workplace for millions ofAmericans with disabilities.

Pre-dating the ADA by nearly a half century, PublicLaw 176 was enacted by the Congress in 1945. P.L.176 designated the first week in October each year as"National Employ the Physically Handicapped Week,"and the President's Committee on Employment ofPeople with Disabilities was named by President HarryS. Truman to carry out the Act. In 1962 the word"physically" was removed from the week's name toacknowledge the employment needs of all Americanswith disabilities. In 1988 the Congress expanded theweek to a month and changed its name to "NationalDisability Employment Awareness Month." Octoberhas evolved as the kick-off month for year-roundprograms that highlight the abilities and skills ofAmericans with disabilities.

The theme for this year's educational program is"Ability You Can Bank On." We have crossed thethreshold into the 21st century. Both public and privateemployment sectors are finding it harder to locate,employ and retain employees with the skills and talentsneeded in today's global economy. Our nation isexperiencing a large decrease in unemployment ratesfor the traditional American workforce and stronginternational competition. To stay competitive, theAmerican business community must seek qualityemployees from non-traditional employee pools.Persons with disabilities are part of the non-traditional,

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skilled labor pool who can meet the needs of today'semployers for a competent and creative workforce.

Employees with disabilities have demonstrated theirabilities in executive, administrative and managerialfields. They have been successful in such diversifiedareas as marketing, sales, administrative support,service industries, construction trades, manufacturing,transportation and professional and technical fields.

The skills and talents of 7.8 million working-ageworkers with disabilities are ready to be tapped bytoday's employers. The bottom line: Persons withdisabilities can get the jobs done in a cost-effective, highquality manner. They represent ability you can bankon.

Listed below are examples of activities promoting theemployment of individuals with disabilities carried outin 1999. The President's Committee encourages readersto adopt or adapt similar activities for a stimulatingand productive year-long education campaign.

In cooperation with a variety of Federal and privatesector organizations, the White House led thecelebration of NDEAM by sponsoring a variety ofactivities that showcased the contributions peoplewith disabilities make to society, including an artexhibit and an evening of performances featuringartists and entertainers with disabilities, aRoundtable Discussion on Disability Sports, andStudent Mentoring Day, which "goes national" in2000 to become an annual NDEAM eventthroughout the United States.

The main post office in Bethesda, MD, offered aspecial NDEAM pictorial cancellation and envelope.A ceremony to unveil the cancellation included asspeakers Maryland Congresswoman ConnieMorella, President's Committee Vice Chair RonDrach and Jacqueline Deane, a postal serviceemployee with a disability.

The Oklahoma Federal Executive Board AnnualInter-Agency Celebration was hosted by the Councilon Disability Concerns at the Federal AviationAdministration in Oklahoma City in October. Usinga quiz show format based on the 1999 theme,"Think Ability," four Federal agency teams (U.S.Department of Agriculture, U.S. Department ofVeterans Affairs, Federal Bureau of Prisons and

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Federal Aviation Administration) competed againsteach other on disability-related questions before alive audience. The program was videotaped and willbe used for additional educational activities.

An American Association of Retired Personsemployee with a disability was featured on a WUSA(Washington, DC) CBS Television news segmentduring National Disability Employment AwarenessMonth. The employee was shown at work usingadaptive technology. The news segment aired inconjunction with CBS's Sunday Night Movie"Anya's Bell," which featured a couple, one ofwhom is blind and the other of whom has dyslexia.

Bender Consulting Services, Inc., a consulting firmthat creates competitive employment opportunitiesfor information technology professionals withdisabilities in conjunction with Bayer Corporation,Highmark Blue Cross Blue Shield and ComputerSciences Corporation, sponsored "job shadowing"and other employment experience opportunitieswithin the workplace for students with disabilities."Shadowing" offered the students the opportunity togain valuable experience and insight into interestingcareers in the corporate world by partnering withcorporate employees.

Procter & Gamble and the Ohio RehabilitationServices Commission held an all-day event for smalland medium size companies on the best practices andconsiderations relative to hiring people withdisabilities. Featured speakers were the NorthAmerican President of Procter & Gamble and theTreasurer of the State of Ohio.

The Loredo, Texas Mayor's Committee published atabloid newspaper on disability issues which wasdistributed to more than 300 local businesses andapproximately 20,000 individuals.

The Georgia Department of Labor's (DOL) 53 fieldservice of ices held educational activities to promotemeaningful employment for people with disabilities.Programs and activities included presentations toemployers and DOL staff highlighting the benefits oftapping into the labor pool of persons withdisabilities and making modifications andaccommodations in the workplace, includingassistive technology, to open doors to qualifiedapplicants. Other activities included public serviceannouncement broadcasts throughout the statepromoting NDEAM and the theme "Think Ability,"

a job fair for people with disabilities (several were hiredon the spot) and skits performed by DOL staff toillustrate good and bad service when working with acustomer with disabilities.

Western Washington University conducted a month-long NDEAM education program that included alegislative forum exploring issues before the statelegislature about treatment options for persons withmental illness, a disability management andawareness training and an Access Job Fair.

Remember: These examples only provide a startingpoint. Let your imagination be your guide. Please senddescriptions of your activities this year to thePresident's Committee to share with others.

Additional Materials: Below is a small sampling ofmaterials that you may order from the President'sCommittee on Employment of People with Disabilitiesto assist with your education program. These materialsand others can be accessed at the President'sCommittee's Web site, < www.pcepd.gov >.

Attitudinal Barriers (1999)Making Management Decisions aboutAccommodations (1999)Preparing for and Conducting an Effective JobInterview (1999)Disability Data Resources (1999)JAN: Opening Doors to Job Accommodation (1998)Affirmative Action and People with Disabilities(1998)Recruitment Resources (1998)Hiring People with Disabilities (1997)Personal Assistance Services in the Workplace (1997)Dispelling Myths about the Americans withDisabilities Act (1996)What You Should Know about Workplace Laws(1996)Employment Checklist for Hiring Persons withDisabilities (1996)Communicating with and about People withDisabilities (1995)Job Analysis-An Important Employment Tool (1994)

This publication is available in alternate formats.

July 2000President's Committee on Employment of People withDisabilities1331 F Street, NW, Washington, D.C. 20004-1107www.pcepd.gov

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DISABILITY FRIENDLY STRATEGIES FOR THE WORKPLACE

Employers who include disability issues in corporatediversity policies enrich and enhance workplacebenefits in the new economy. Such benefits includediverse leadership, innovation, increase in overallmorale and the ability to cast a wider recruiting net.Outlined below are strategies to successfullyincorporate persons with disabilities into theworkplace.

Make a corporate commitment to include persons withdisabilities among your stakeholdersIs the CEO committed to a disability friendlyworkplace? Is there a written document to all staff thataffirms this commitment? Do corporate policies,procedures and practices specifically mentiondisability? Do persons with disabilities serve on theboard? Are employees and customers with disabilitiesseen in the annual report? Are workers with disabilitiesemployed at all skill levels in the workforce, includingsenior management positions? Are your products orservices marketed to customers with disabilities? CEOcommitment means senior leadership will embracedisability policies and that the organization will "talkthe talk and walk the walk."

Educate all staff on disabilityDoes new staff orientation include disability awarenesstraining? Are training materials available in alternateformats such as large print, Braille, and captioning? Doemployees with disabilities serve as mentors for newhires who do not have disabilities? Providing disabilityeducation dispels myths and enables all staff to makesound disability employment decisions.

Provide ongoing information on disabilityAre staff familiar with legislation pertaining todisability? Does staff receive disability information thatcould be helpful at work, at home or at school? Isdisability information provided routinely in thecompany newsletter or on an intranet site? Aredisability resources in the community contacted to helpinjured workers return to the workplace as soon aspossible? Continued education enables employees toutilize pertinent disability information to resolveeveryday family and worklife situations.

Form a disability support groupDo employees with disabilities meet to discussdisability employment issues? Does this group haveauthority to make recommendations to management?Is all staff aware of this group and the contributions itmakes to corporate success? Disability perspectivesenable all employees to contribute their full workpotential to corporate success.

Provide accessible facilities and servicesAre buildings, parking areas, work spaces, andcommunication systems accessible to persons withdisabilities? Accessible facilities and services are moreuseful for everybody.

Accommodate applicants and workers with disabilitiesIs there a central source and budget foraccommodations? Are applicants and employeesinformed that accommodations are available if needed?With permission, are employee success stories thatdemonstrate improved productivity based onaccommodation shared with other employees? Doesstaff routinely stay abreast of new developments inuniversal and assistive technology? An open policy onaccommodations allows candidates and workers withdisabilities to demonstrate what they can do.

Project a disability friendly image to attract candidatesand customers with disabilitiesDo college recruiters target students with disabilitieswhen making campus calls? Do recruiters search forresumes on disability-related Web sites? Arepublications directed to persons with disabilitiestargeted for company advertising? Are recruiters andother personnel responsible for establishing workingrelationships with community agencies servingapplicants with disabilities? Building relationshipswith community agencies increases referrals ofcandidates with disabilities.

Hire applicants with disabilitiesDo recruiters regularly attend employment fairs forcandidates with disabilities or target students atcolleges with known populations of students withdisabilities such as Gallaudet University and theNational Technical Institute for the Deaf? Areemployees offered incentive bonuses for referringapplicants with disabilities? A diverse workforceincludes employees with disabilities.

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Train and advance workers with disabilitiesDo employees with disabilities routinely participate inemployer-sponsored training opportunities? If not, hasthis issue been brought before the Disability SupportGroup for recommendations? Are procedures in placeto promote qualified employees with disabilities tomanagement and supervisory positions? Employerswho "talk the talk and walk the walk" of disabilityemployment promote qualified workers to uppermanagement positions.

Encourage staff to volunteer in the communityIs staff encouraged to build relationships with disabilitycommunity service organizations during work hours?Does staff make regular visits to high schools to informadministrators, teachers and students (includingstudents with disabilities) about scheduled open housesand job trends in your industry? Are human resourcestaff instructing students with disabilities about how toset up a scannable resume or serving as mentors tograduating post-secondary students with disabilities tohelp them with their job search? Employers who wantto make a difference in the disability employmentarena are eager to influence tomorrow's disabledworkers and help job candidates with disabilities withtheir search.

This information was prepared in cooperation with theBusiness Leadership Network (BLN), an employer-ledendeavor of the President's Committee on Employmentof People with Disabilities supported by the U. S.Chamber of Commerce. This program promotes bestdisability employment practices to enhanceemployment opportunities for job candidates whohappen to have disabilities. For more informationabout the BLN and other programs of the President'sCommittee check out our Web site < www.pcepd.gov >or call 202-376-6200.



ACCOMMODATING EMPLOYEES WITH HIDDEN DISABILITIES

The Americans with Disabilities Act (ADA) defines"disability" as an impairment that "substantially limitsone or more of the major life activities." Althoughsome disabilities, such as inability to walk, missing orimpaired limbs or severely impaired vision, are easy toobserve, many disabilities are not. Some examples of"hidden" disabilities are learning disabilities, mentalillness, epilepsy, cancer, arthritis, mental retardation,traumatic brain injury, AIDS and asthma. Many peopledo not believe that hidden disabilities are bona fidedisabilities needing accommodation. Hidden disabilitiescan result in functional limitations which substantiallylimit one or more of the major life activities, just likethose which are visible. Accommodating hiddendisabilities can keep valued employees on the job andopen doors for new employees.

The ADA requires that reasonable accommodation beprovided, if necessary, for all impairments that meet thedefinition of "disability," whether hidden or visible.Reasonable accommodations must be determined on acase-by-case basis to ensure effective accommodationswhich will meet the needs of the employee and theemployer. Accommodations can range from makingexisting facilities accessible for wheelchair users to jobrestructuring, acquiring or modifying equipment,developing flexible work schedules or modifying taskprotocols.

Accommodating qualified employees with disabilitiessets up a win-win situation: employers gain a qualified,stable, diverse workforce; people with disabilities getjobs; and society saves money that previously fundedpublic benefits and services for people with disabilities.

Listed below are examples of accommodations workedout through discussions between employees withdisabilities and employers, in consultation with thePresident's Committee's Job Accommodation Network(JAN). JAN is a toll-free service which provides adviceto businesses and individuals on workplaceaccommodations and the employment provisions of theADA. JAN can be reached by calling800-526-7234 (V/TDD).

These are samples of accommodations that worked anddo not represent the only possible solution to theaccommodation situation. To receive guidance onspecific accommodation questions, talk with theemployee and give JAN a call.

Situation: A bowling alley worker with mentalretardation and bi-manual motor and finger dexterityproblems was having difficulty properly wiping thebowling shoes that had been returned by customers.

Solution: A local job coach service provider fabricateda device that allowed the individual to roll the shoes infront of a brush rather than run a brush over the shoes.Cost: no cost as scraps of wood that were left overfrom other projects were used to make the device.

Situation: A high school guidance counselor withattention deficit disorder was having difficultyconcentrating due to the school noise.

Solution: The school replaced the bell on his phonewith an electric light bulb device which lights up whenthe phone rings, sound-proofed his office and provideda floor fan for white noise. Cost: under $600.

Situation: A machine operator with arthritis haddifficulty turning the machinery control switches.

Solution: The employer replaced the small machinetabs with larger cushioned knobs and provided theemployee with non-slip dot gripping gloves whichenabled him to grasp and turn the knobs moreeffectively and with less force. Cost: approximately$130.

Situation: A warehouse worker whose job involvedmaintaining and delivering supplies was havingdifficulty with the physical demands of his job due tofatigue from cancer treatment.

Solution: The employer provided the employee with athree-wheeled scooter to reduce walking. The employeralso rearranged the layout of supplies in the warehouseto reduce climbing and reaching. Cost: $3,000.

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Situation: Due to hot weather conditions, a workerwith asthma was having difficulty working in anoutside environment fueling airplanes and movingluggage.

Solution: The employer moved the individual to themidnight shift and to a position where the worker wasboth inside and outside the facility. Cost: $0.

Situation: A telephone consultant with traumatic braininjury was experiencing short-term memory loss andauditory discrimination problems which resulted indifficulties responding to telephone requests forinformation, entering information into her computerand following oral instructions.

Solution: The employer provided sound absorbingoffice partitions which reduced noise and distractions,and reprogrammed the telephone bell so that theemployee could readily differentiate between her phoneand others in the area. The employer added an anti-glare screen guard on the computer to reduce screenflicker and prevent dizziness and fatigue. Instructions,daily reminders of meetings and other scheduledactivities were provided in writing. Cost: $345.

Situation: An office manager who had been treated forstress and depression was experiencing difficultymaintaining her concentration when trying to completeassignments and meet critical deadlines.

Solution: She discussed her performance problems withher supervisor. The employer implementedaccommodations that allowed her to organize her timeby scheduling "off" times during the week where shecould work without interruptions. She was also placedon a flexible schedule that gave her more time forcounseling and exercise. The supervisor trained theemployee's co-workers on stress management andprovided the office manager information about thecompany's employee assistance program. Cost: $0.

Situation: An insurance adjuster was allergic to rubberand the formaldehyde in the paper products used by hisemployer.

Solution: The employer provided the employee withcotton gloves for handling paper and switched torecycled, chlorine-free paper and soy-based inkproducts. Cost: paper and ink costs increasedapproximately $130 per year and the gloves cost $10.

Situation: A claims representative with lupus wassensitive to fluorescent light in his office and to theradiation emitted from his computer monitor.

Solution: The employer changed the overhead lightsfrom fluorescent to broad-spectrum by using a specialfilter that fit onto the existing light fixture and providedthe employee with a flicker-free monitor and a glareguard. Cost: approximately $1,065.

Situation: A part-time college instructor withAsperger's Syndrome was experiencing auditorydiscrimination difficulties which prevented her frombeing able to make immediate decisions. This wascausing problems for her during meetings and annualevaluations, and had prevented her from meeting timelines for projects.

Solution: The employee was permitted to take notesduring staff meetings and to provide written responsesto all attendees on the questions raised during themeeting within a time frame agreed upon by themeeting participants. The employee also received acopy of meeting agendas, annual evaluations andproject expectations in advance of the face-to-facemeetings and was thereby able to ask questions orprovide follow-up responses in writing. Cost: $0.

Situation: A machine operator with HIV wasexperiencing difficulties remembering the stepsinvolved in changing a part on his machine.

Solution: The employer provided the employee with astep-by-step check list and written instructions on howto change the part. Cost: $0.



10

ALTERNATIVE DISPUTE RESOLUTION

INTRODUCTION

The Americans with Disabilities Act (ADA) supportsthe use of alternative dispute resolution (ADR) as aquick and fair method for settling complaints withoutgoing to court. Section 513 of the ADA, 42 U.S.C.§12212, states: "Where appropriate and to the extentauthorized by law, the use of alternative means ofdispute resolution, including settlement, negotiations,conciliation, facilitation, mediation, fact finding, mini-trials, and arbitration, is encouraged to resolve disputesarising under this Act." Regulatory language reinforcesthis message.

ADR is a non-judicial means of settling ADA disputesoutside of the courtroom, avoiding costly and time-consuming litigation after a complaint or dispute arises.The use of ADR mechanisms is intended tosupplement, not supplant, other enforcementmechanisms available under the ADA. Both employersand employees can look to ADR as a "good sense" wayto find a common ground. ADR offers both parties theclassic "win-win" scenario, often resulting in creativeand collaborative solutions. Two of the ADA'sprovisions, "reasonable accommodation" and "readilyachievable," have often been successfully resolvedthrough mediation and other ADR conflict-resolutionstrategies.

In order to help implement the ADR provision, the U.S.Department of Justice (DOJ) and the EqualEmployment Opportunity Commission (EEOC)included dispute resolution as a major component oftheir original national ADA training for disabilityadvocates. Since then, the DOJ has continued to fundADA training projects for community and professionalmediators, and both the DOJ and the EEOC refer casesfor mediation.

MAJOR EXAMPLES OF ADR TECHNIQUES

The following are four commonly used ADRtechniques:

Mediation involves the use of a trained facilitator,known as a mediator, to assist the disputing partiesresolve their differences informally by helping themto achieve a mutually acceptable agreement.

Arbitration utilizes a neutral third party to resolve adispute after hearing arguments and reviewingevidence from both parties.

Conciliation uses a neutral third party to helpresolve disputes by improving communications,lowering tensions and identifying issues andpotential solutions by shuttling information betweenthe disputing parties.

An ombudsman strategy investigates and expeditescomplaints, helping either of the parties settle adispute or proposing changes to make the system (oremployer, government agency, business, etc.) moreresponsive to the needs of the complainant.

Detailed information on two ADR techniquescommonly used in resolving ADA issues appears below.

FACTS ABOUT MEDIATION

The EEOC defines mediation as a problem-solvingprocess that allows the parties to develop their ownsolutions through dialogue. Mediation is an informalprocess whereby a neutral third party assists theopposing parties reach a voluntary resolution of anemployment discrimination charge. The decision to usemediation is completely voluntary for the chargingparty and the employer. Mediation gives the parties theopportunity to discuss the issues raised in the charge,clear up misunderstandings, determine the underlyinginterests or concerns, find areas of agreement and,ultimately, to incorporate those areas of agreementsinto resolutions. A mediator does not resolve the chargeor impose a decision on the parties. Instead, themediator helps the parties to agree on a mutuallyacceptable resolution. The mediation process is strictlyconfidential.

ADVANTAGES OF USING MEDIATION

Mediation often saves time and money.Mediation is a confidential process.Settlement agreements secured during mediation donot constitute an admission by the employer of anyviolation of laws enforced by the EEOC.Mediation helps maintain relationships between theparties.

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Mediation strives to treat both parities in anequitable and fair manner.

How Do I FIND AN ADA TRAINED MEDIATOR?

Mediation is offered by the EEOC, as well as othertrained mediators and community dispute resolutionorganizations. In 1991, the EEOC contracted with theCenter for Dispute Settlement to conduct pilotmediation programs in four field offices (Philadelphia,New Orleans, Houston and the Washington, DC fieldoffice). An evaluation of the pilot programs indicatedthat mediation was a viable alternative to thetraditional investigatory methods employed by theCommission. Congress funded expansion of EEOC'smediation program in October of 1996. By the end ofFiscal Year 1997, each EEOC district office had amediation program in place, supplementing its internalmediation staff with pro bono and contractedmediation services available within its jurisdiction.

FACTS ABOUT ARBITRATION

Arbitration is a form of alternate dispute resolutioncommonly used in labor cases. In actuality, it is aprivate court in which the disputing parties agree to bebound by the decision of an arbitrator (neutral person)who is familiar with the issues being disputed. Therecan be no arbitration unless both sides agree to use thismethod. The agreement may be worked out in a laborcontract or in a private contract long before a disputestarts. However, even if parties have never signed suchan agreement, they may decide to arbitrate after adispute arises. Once an arbitrator is selected by theparties, the case is scheduled and heard. There is nodiscovery in most cases. The arbitrator will usuallydispense with evidentiary rules and will hear briefstatements from each side at the beginning of the case.

The parties then will present their cases. There is direct-and cross-examination as in court, but without formalrules of evidence and without many objections. Thearbitrator usually will accept all evidence and will placewhatever value on it he or she elects. After the hearing,the parties may agree to a "bench decision" where thearbitrator simply announces the result with or withoutreasons. If the parties do not ask for a bench decision,the arbitrator will write a decision with his or herreasoning.

ADVANTAGES OF USING ARBITRATION

Arbitration is private.Arbitration is nearly always faster than court cases.The parties participate in the selection of anarbitrator.

ADDITIONAL INFORMATION

Contact the EEOC's Web site at: < www.eeoc.gov >, orthe nearest EEOC field office, 800-669-4000 (voice) or800-669-6820 (TDD).



CAREER DEVELOPMENT FOR PERSONS WITH DISABILITIES

People with disabilities are like other employees; theywant to do a good job, appreciate constructivesupervision, enjoy new challenges and want to getahead. Businesses that successfully recruit and retainqualified employees maintain a competitive edge in theglobal marketplace. One way for employers to retainemployees is to establish career development plans forall employees, including those with disabilities. Typicalprograms include goal setting, team building,networking, mentoring, performance evaluations,leadership opportunities, supervisory and managementdevelopment, and professional skills training.

CAREER PLANNING

Employers must recognize that people with disabilitieshave aspirations and career goals. Supervisors shoulddiscuss career expectations with each employee,including an evaluation of the employee's interests,talents, and skills in relation to the requirements ofavailable jobs. If an employee's career goals seemunachievable, the supervisor should provideconstructive feedback and try to reach an agreementwith the employee on appropriate goals and the path toachieving them. However, the supervisor should notassume an employee's disability will be a barrier.

Employers should encourage career lattice movementfor employees with disabilities as part of a careerdevelopment program. Career lattice opportunitiesinclude moving laterally within the company to gainnew experiences and skills, and possibly finding abetter fit of an employee's skills and interests withavailable jobs. Job rotations familiarize employees withdisabilities with the entire operations of the business,helping an employee recognize the transferability ofskills and abilities to other positions. Job enrichment(i.e., more responsibilities and new assignments) isanother important career development tool for peoplewith disabilities.

TEAM BUILDING

Team building opportunities give employees chances tosolve problems and develop solid working relationshipswith co-workers. Employers should ensure thatemployees with disabilities have leadershipopportunities and are assigned to special projects,planning sessions, off-site projects, and assignmentsrequiring travel. Do not make career development

decisions for an employee with a disability based onlimiting concepts or stereotypes about that employee'sdisability.

NETWORKING

Employers should include employees with disabilities inboth formal work groups and informal employeegatherings. People with disabilities enjoy the same typesof social and recreational activities as employeeswithout disabilities. Frequently, important business isdiscussed at these events and interpersonalrelationships are developed. All employees should begiven the opportunity to participate. Employers mustarrange events in accessible facilities and arrangetransportation to accommodate staff with disabilities.

MENTORING

All staff can benefit from the guidance of a moreexperienced employee. All employers should encourageemployees with disabilities to find mentors, whether ornot the mentor has a disability. When these youngeremployees become more experienced, they should beencouraged to mentor other new employees, who mayor may not be disabled.

Mentors provide many benefits:

Broadened perspectives about the transferability ofskills and interests, as well as future career directionsto consider

Motivation to take calculated risks

Advice on the "politics" of dealing with humanrelationships within the organization

Honest and constructive feedback about problemareas

Coaching on technical, interpersonal, andmanagement skills

Encouragement

Networking contacts, references, and introductions

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PERFORMANCE APPRAISALS

Performance appraisal procedures vary widely amongcompanies. Some companies use formal, writtendocuments; others use less formal, often oral,procedures. Employers must treat employees withdisabilities the same as all other employees. If aposition has been restructured to accommodate aperson's disability, evaluate the employee only on thosetasks he or she is expected to perform, but apply thesame performance standards to employees withdisabilities that are applied to all employees.Supervisors should discuss the evaluation with theemployee prior to the final writeup. After thediscussion concerning the job performance in thecurrent job is completed, it is important to have acareer development discussion.

TRAINING

Training opportunities should be available toemployees with disabilities. Management andleadership training should be among the optionsavailable, in addition to specific skills training.Formal classes must be held in accessible facilities.Materials should be available in large print for personswho are visually impaired, interpreters should beprovided for participants who are hearing-impaired,and other necessary accommodations made.

SELF-DEVELOPMENT

An employee with a disability also must takeresponsibility for his or her career development.Employees should continually seek out new education,training and information. They should keep up on thelatest information in the field, network and volunteerfor new assignments.



MENTORING

Mentoring is an on-the-job educational process thatprovides opportunities for professional development,growth and support for both the mentor, or teacher,and the mentee, or student, involved. Individualsplanning or advancing their careers receiveinformation, encouragement, and advice from theirmentors, who are experienced in the career field of thementee. Mentors get a first-hand look at the mentee'sabilities while serving as trusted counselors or teachers.Employees in the workplace benefit from the positivedynamic created by all individuals involved in thementoring process.

WHY IS MENTORING PEOPLE WITH DISABILITIESIMPORTANT?

Individuals with disabilities continue to face attitudinalbarriers in employment. The mentoring process canhelp break down employment barriers by encouragingindividuals with disabilities to take a more active rolein planning and pursuing their careers. Conductingmentoring programs provides employers with access tonew talent and an often underutilized workforce. It alsopromotes greater awareness and understanding ofdisability in the workplace.

Rod Holter, Director of Manufacturing for CessnaAircraft Company, describes mentoring people withdisabilities as "giving someone a chance who may nothave otherwise had the opportunity." Holter says, "It isthe right thing to do."

WHAT ARE THE BENEFITS TO YOUR BUSINESS?

1. It is an investment in your future work force.

Mentoring individuals with disabilities builds humancapital. Mentoring experiences prepare individuals foradvancement by strengthening their skills andproviding them with confidence. Employers groomemployees for current and future positions. In today'slabor market, this is an advantageous strategy.

"Mentoring has to be one of the most importantaspects of any business because it builds your nextgeneration of employees," says Michael Dunbar, VicePresident of Public Relations for the GreaterColumbus, Georgia, Chamber of Commerce.

At Cessna, "We have had really good luck with thepeople we have mentored, and in today's tight labormarket, they really fill a void," Holter says.

2. It sends employees a message that you care.

Mentoring represents a commitment of time and energyto staff. It demonstrates that a value is placed onprofessional development and growth. According toHo lter, "Mentoring [people with disabilities] sends amessage to our other employees that the companyreally does care about people."

3. It creates positive attitude changes in your corporateculture.

Numerous individuals who have participated inmentoring experiences can attest to its impact onorganizational culture. "Mentoring is an eye-openingexperience for employers. In some cases, employers arenot sure how to deal with a person's disability. Oncethe employer starts working with a person with adisability, he or she begins to see the person'scapabilities rather than the disability. The experiencecan also have an impact on everyone in the office," saysDonna Mundy, who is the Florida High School/HighTech Program Project Director. Muncy adds, "It's apositive step for all concerned."

Promoting a greater appreciation of diversity in theworkplace is another benefit of mentoring. Dunbarnotices that "Mentoring individuals with disabilitieshas helped our organization broaden its understandingof disability. You learn that disabilities are notlimiting."

MENTORING TIPS

Anyone can be a mentor. It is important to havepositive role models, whether the individual has adisability or not.

Here are some suggestions for starting a mentoringprogram in your organization.

Make sure that you have senior management'ssupport of your program.

Work with staff to ensure that they understand theconcept of mentoring and are committed to it.

Hold training sessions for staff to make sure thatthey understand the commitment they are making.

Provide disability awareness training for staff whoare working with individuals with disabilities for thefirst time. Many people, although happy to mentor,have questions about disability.

Appoint a mentoring coordinator who can serve as aresource for both the employee and the individualmentor within your organization (perhaps someonefrom Human Resources).

Provide incentives for people to both mentor andreceive mentoring. For example, hold specialrecognition events for individuals participating inmentoring.

Have the mentor and the individual being mentoredagree on expectations up front, including how longthe mentoring will last and how frequently meetingswill take place.

Encourage participants to work together on anindividualized development plan as a mentoringactivity. Have the plan approved by all thoseinvolved, including senior management.Individualized development planning helps defineexpectations and the plan can be used to measureprogress.

The President's Committee on Employment of Peoplewith Disabilities sponsors programs offering mentoringopportunities. If you are interested in mentoring youthwith disabilities, please contact the President'sCommittee at 202-376-6200 to see if there is aprogram in your area. Also, the President's Committee'sBusiness Leadership Network (BLN) representscompanies throughout the United States who arecommitted to hiring qualified job candidates withdisabilities. To learn more about the BLN Networks inyour state visit the President's Committee Web site at< www.pcepd.gov > or call the President's Committeeat 800-376-6200.



AL) 4 fi-g- Ah

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GLOSSARY Of COMMONLY USED TERMS

Listed below are commonly used terms relating to theemployment of and public accommodations forpersons with disabilities.

Accessible: Easy to approach, enter, operate, participatein, or use safely, independently and with dignity by aperson with a disability (i.e., site, facility, workenvironment, service or program).

Affirmative Action: Proactive action to accomplish thepurposes of a program which is designed to increase theemployment opportunities of certain groups, whichmay involve goals, timetables, or specifically outlinedsteps to be undertaken to assure that objectives arereached. The Americans with Disabilities Act does notmandate affirmative action for persons withdisabilities, but does require that covered entities ensurenondiscrimination. Title 5, Section 503 of theRehabilitation Act does require that affirmative actionbe taken in employment of persons with disabilities byFederal contractors.

Alternate Dispute Resolution (ADR): A variety ofprocedures for the resolution of disputes. Each ADRprocedure is a fair and efficient alternative to courtadjudication that must be entered into voluntarily byall parties. Some of the more common ADR proceduresinclude arbitration, mediation, and conciliation. ADRis encouraged under the Americans with DisabilitiesAct to resolve conflicts.

Americans with Disabilities Act (ADA): Acomprehensive civil rights law which makes it unlawfulto discriminate in private sector employment against aqualified individual with a disability. The ADA alsooutlaws discrimination against individuals withdisabilities in state and local government services,employment, public accommodations, transportation,and telecommunication. The law was enacted in July1990. The private sector employment provisions (TitleI) became effective for employers with 25 or moreemployees on July 26, 1992, and on July 26, 1994, foremployers of 15 or more employees. The public sectoremployment provisions (Title II) became effective onJanuary 26, 1992.

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Auxiliary Aids and Services: Devices or services thataccommodate a functional limitation of a person with acommunication-related disability. The term includesqualified interpreters and communication devices forpersons who are deaf or persons who are hard ofhearing; qualified readers, taped texts, braille or otherdevices for persons with visual impairments; adaptiveequipment for persons with other communicationdisabilities; or similar services and actions.

Essential Job Functions: The fundamental job duties ofthe employment position that the individual with adisability holds or desires. The term essential functionsdoes not include marginal functions of the position.

Equal Employment Opportunity: Nondiscrimination inhiring, firing, compensation, promotion, recruitment,training, and other terms and conditions ofemployment regardless of race, color, sex, age, religion,national origin or disability.

Individual with a Disability: A person who has aphysical or mental impairment that substantially limitsone or more of that person's major life activities, has arecord of such impairment, or who is regarded ashaving such an impairment.

Job Coach: A person hired by the placement agency orprovided through the employer to furnish specializedon-site training to assist an employee with a disabilityin learning and performing a job and adjusting to thework environment.

Major Life Activity: Basic activities that the averageperson in the general population can perform with littleor no difficulty, such as caring for oneself, performingmanual tasks, walking, seeing, hearing, speaking,breathing, learning and working.

Mentoring: Mentoring is an educational process wherethe mentor serves as a role model, trusted counselor orteacher who provides opportunities for professionaldevelopment, growth and support to less experiencedindividuals in career planning or employment settings.Individuals receive information, encouragement andadvice as they plan their careers.

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Natural Supports: Supports provided to an employeewith a disability from supervisors and co-workers, suchas mentoring, friendship, socializing at breaks or afterwork, providing feedback on job performance orlearning a new skill together. These natural supportsare particularly effective as they enhance the socialintegration of the employee with a disability with his orher co-workers and supervisor. In addition, naturalsupports are more permanent, part of the workplaceand more readily available than paid job coaches,thereby facilitating long-term job retention.

Qualified Individual with a Disability: An individualwith a disability who satisfies the requisite skill,experience, education and other job-relatedrequirements of the employment position suchindividual holds or desires, and who, with or withoutreasonable accommodation, can perform the essentialfunctions of such position.

Readily Achievable: Easily accomplishable and able tobe carried out without much difficulty or expense. Indetermining whether an action is readily achievable,factors to be considered include nature and cost of theaction, overall financial resources and the effect onexpenses and resources, legitimate safety requirements,impact on the operation of a site and, if applicable,overall financial resources, size and type of operation ofany parent corporation or entity.

Reasonable Accommodation: (1) Modification oradjustment to a job application process that enables aqualified applicant with a disability to be consideredfor the position such qualified applicant desires; (2)modifications or adjustments to the work environment,or to the manner or circumstances under which theposition held or desired is customarily performed, thatenables qualified individuals with disabilities toperform the essential functions of that position; or (3)modifications or adjustments that enable a coveredentity's employee with a disability to enjoy equalbenefits and privileges of employment as are enjoyed byits other similarly situated employees withoutdisabilities.

Supported Employment: An employment option thatfacilitates competitive work in integrated work settingsfor individuals with the most severe disabilities (i.e.,psychiatric, mental retardation, significant learningdisabilities, traumatic brain injury) for whomcompetitive employment has not traditionally occurred,

and who, because of the nature and severity of theirdisability, need ongoing support services in order toperform their job. Supported employment providesassistance such as job coaches, transportation, assistivetechnology, specialized job training and individuallytailored supervision.

Title V of the Rehabilitation Act of 1973: Title of thelaw which prohibits discrimination on the basis of adisability by the Federal government, Federalcontractors, by recipients of Federal financialassistance, and in Federally-conducted programs andactivities.

Undue Hardship: With respect to the provision of anaccommodation, significant difficulty or expenseincurred by a covered entity, when considered in lightof certain factors. These factors include the nature andcost of the accommodation in relationship to the size,resources, nature, and structure of the employer'soperation. Where the facility making theaccommodation is part of a larger entity, the structureand overall resources of the larger organization wouldbe considered, as well as the financial andadministrative relationship of the employing facility tothe larger organization.

Vocational Rehabilitation: Programs designed to assistindividuals with disabilities enter or reenter gainfulemployment.

Sources for these definitions include the Americanswith Disabilities Act, its implementing regulations andTitle V of the Rehabilitation Act.


October 1994, Revised July 2000President's Committee on Employment of People withDisabilities1331 F Street, NW, Washington, D.C. 20004-1107www.pcep d .gov

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SMALL BUSINESS AND SELF EMPLOYMENT FOR PEOPLE WITH DISABILITIES

SMALL BUSINESS IN AMERICA

With more than one million new businesses each year,America's economy depends on small businesses for itsvitality and growth. According to the 1997 report ofthe U.S. Census Bureau, the nation's 17 million small,non-farm businesses constituted 99.7 per cent of allemployers, employed 52 percent of private workforceand accounted for 51 percent of the nation's sales.Small business-dominated industries provided 11.1million new jobs between 1994 and 1998, virtually allof the new jobs created during that time period. Smallbusinesses are most likely to generate jobs for youngworkers, older workers and women, provide 67percent of first jobs and produce 55 percent ofinnovations.

Thousands of people with disabilities have beensuccessful as small business owners. The 1990 nationalcensus revealed that people with disabilities have ahigher rate of self-employment and small businessexperience (12.2 percent) than people withoutdisabilities (7.8 percent). The Disabled Businessman'sAssociation estimates that 40 percent of home-basedbusinesses are operated by people with disabilities.

The University of Montana Research and TrainingCenter on Rural Issues for People with Disabilities hasdocumented that entrepreneurs with disabilities havesuccessfully operated a wide variety of businesses:Accounting Services, Air Conditioner Repair Service,Auction Service, Auto Body Repair Shop, Bakery,Bicycle Shop, Boat Making Shop, Child Care Service,Chiropractic Practice, Contract Services, CounselingService, Farming, Janitorial/Maintenance Service, PianoRefinishing Service, Real Estate Office, Restaurant,Free-lance Writing, Used Clothing Store, WeedAbatement Service and Welding Shop. The type ofbusiness that a person with a disability can operate islimited only by imagination.

SMALL BUSINESS CHARACTERISTICS

Although the U.S. Small Business Administration (SBA)establishes industry-specific definitions, it generallyconsiders any business with fewer than 500 employees,including self-employed individuals, to be a smallbusiness. The Federal Reserve Board's report,"National Survey of Small Business Finances (1995),"found that small businesses were home-based 53

percent of the time. Twenty-four percent of all newbusinesses in 1993 began with no outside financing.The remaining 76 percent received funding fromtraditional sources, such as banks, credit unions, andfinance companies, or from family members or creditcard advances.

Although many people believe that 80 percent of allsmall businesses fail within five years, statistics fromthe U.S. Census Bureau reveal a different story. TheCensus Bureau reports that 76 percent of all smallbusinesses operating in 1992 were still in business in1996. In fact, only 17 percent of all small businessesthat closed in 1997 were reported as bankruptcies orother failures. The other terminations occurred becausethe business was sold or incorporated or when theowner retired.

IMPORTANT CONSIDERATIONS FOR ALL POTENTIALENTREPRENEURS

The SBA advises anyone thinking about starting abusiness to ask themselves several questions beforegoing forward.

Am I a self starter?

How well do I get along with a variety ofpersonalities?

How good am I at making decisions?

Do I have the physical and emotional stamina to runa business?

How well do I plan and organize?

Are my attitudes and drive strong enough tomaintain motivation?

How will the business affect my family?

IMPORTANT CONSIDERATIONS FOR POTENTIALENTREPRENEURS WITH DISABILITIES

Self-employment offers many benefits for people withdisabilities:

The freedom, flexibility and independence that comefrom working for oneself

19

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The opportunity to work in a disability-friendlyenvironment

The ability to reduce the need for transportation

The ability to accommodate changing functionallevels

The ability to create an accessible work environment

Individuals with disabilities who receive incomesupport, such as Social Security Disability Insurance(SSDI) or Supplemental Security Income (SSI)disability payments, can increase their income whilestaying within the income and asset requirements ofthose programs.

But anyone considering entrepreneurship must also beaware of the challenges involved in starting a business.There remains an array of obstacles ranging fromattitudinal barriers to lack of coordination amongFederal programs:

The possible loss of cash benefits from SSDI or SSIdisability programs

The possible loss of health care benefits such asMedicare or Medicaid

The inability to get credit because of poor creditratings

The lack of assets to use as collateral

The lack of access to programs promoting self-employment and small business development

Government disability programs that overlookentrepreneurship as an avenue from the public rollsto self-sufficiency.

The 1999 passage of the Ticket to Work and WorkIncentives Improvement Act addresses some, but notall, of these issues.

RESOURCES FOR ENTREPRENEURS WITH DISABILITIES

If you have a disability and are considering startingyour own business, contact the President'sCommittee's new Small Business Self-EmploymentService (SBSES) for information. The SBSES WorldWide Web site, < janweb.icdi.wvu.edu/sbses >,includes links to other entrepreneurship sites,

including the SBA and state vocational rehabilitationprograms. It also provides information on a varietyof other technical assistance resources for writingbusiness plans, financing, and other issues specific todeveloping a small business.

Individual assistance is available at 800-526-7234 or800-232-9675 (V/TDD).

Whether you are starting a new business orexpanding an established business, the SBA has avariety of programs to assist you. Free one-on-onecounseling is available locally to help entrepreneursand potential entrepreneurs in the areas of planning,financing, management, technology, governmentprocurement, and other business related areas.

The SBA's Answer Desk is a national toll-freetelephone service which provides information to thepublic on small business problems and concerns.This service provides general information about SBAprograms and other programs available to assist thesmall business community.

Business Information Assistants are available tospeak directly with callers between the hours of 9:00a.m. and 5:00 p.m. (East Coast Time) by calling theAnswer Desk at 800-UASK-SBA (800-827-5722).Outside of these hours, callers may hear a recordingof the information 24 hours a day, seven days aweek. Write to this service at: 200 North CollegeStreet, Suite A-2015, Charlotte, North Carolina,28202 or send your questions via e-mail at< [email protected] >.

The President's Committee has initiated a range ofactivities with other Federal agencies to ensure thatFederal employment programs for people withdisabilities will promote small business ownership asa career option, and that potential entrepreneurswith disabilities know about the process andresources for starting a business. Information onthese programs can be obtained from the President'sCommittee's web site at < www.pcepd.gov >.



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IA 14.

TICKET TO WORK AND WORK INCENTIVE NPROVEMENT ACT

In late 1999, the Congress enacted and the Presidentsigned the Ticket to Work and Work IncentiveImprovement Act (TWWIIA). This legislationrepresents a significant opportunity for increasing theemployment of people with disabilities. The SocialSecurity Administration (SSA) has until December2000 to complete the regulations necessary toimplement the Ticket to Work sections of the TWWIIA.The health care component of the TWWIIA isadministered by the Department of Health and HumanServices (HHS).

The TWWIIA provides for two landmark measuresthat have the potential of enabling millions ofAmericans with disabilities to join the workforce. Thefirst is the creation of the Ticket to Work Programadministered by the SSA. This program modernizesemployment-related services offered to Americans withdisabilities. Through the Ticket Program, individualswith disabilities will be able to get job-related trainingand placement assistance from an approved provider oftheir choice. This provision enables individuals to go toproviders whose resources best meet their needs,including going directly to employers. The secondmeasure expands health care coverage so thatindividuals with disabilities will be able to becomeemployed without fear of losing their health insurance.

The information provided below highlights how theTWWIIA can benefit both Americans with disabilitieswho want to work and employers in need of qualifiedworkers.

THE TICKET TO WORK PROGRAM

Q: When will the Ticket Program start?

A: The first Tickets will be distributed in early 2001.

Q: Will the Ticket Program start everywhere at thesame time?

A: No. Initially the Ticket Program will only beavailable in certain states. Under the terms of theAct, the program will be available throughout thecountry by January 1, 2004.

Q: How will the Ticket Program advance theemployment of individuals with disabilities?

A: Recipients of Supplemental Security Income (SSI)and Social Security Disability Insurance (SSDI) willhave greater choice in getting the services andtechnology they need to obtain employment. Thelaw gives them the right to choose their job training,employment placement and other service providersfrom a list of providers approved by the SSA.Individuals with disabilities will receive a "Ticket"which they will be able to present to anEmployment Network provider they feel best meetstheir needs. The objective of the Ticket Program isto work with businesses, state vocationalrehabilitation agencies and other traditional andnon-traditional service providers to prepareindividuals with disabilities for work and link themwith employers who want to hire qualifiedemployees.

Q: How will the Ticket Program work?

A: Benefit recipients will receive a paper documentrepresenting the Ticket and a letter of explanationwith instructions and information about the TicketProgram. If the recipient chooses, he or she can takethe Ticket to an "Employment Network." Therecipient will receive a list of approved EmploymentNetworks from the SSA and can choose the onewhose resources best fit her or his needs. Recipientscan also choose not to use the Ticket. This will notaffect their disability benefits. A benefit recipientelecting not to use the Ticket may still use theservices that are otherwise available through statevocational rehabilitation agencies.

Q: What is an Employment Network?

A: An Employment Network is a public or privateentity approved by the SSA to provide job training,employment services and other support servicesneeded to facilitate entry or reentry intoemployment for individuals with disabilities. TheEmployment Network acts as the "TicketTaker"and may provide services directly or byentering into agreements with other providers. Itmay be a single provider of such services, anassociation of such providers or a one stop

delivery center established under the WorkforceInvestment Act of 1998. A state vocationalrehabilitation agency (VR) may be an EmploymentNetwork with respect to each individual with adisability to whom it provides services. The state VRmay also accept referrals from an EmploymentNetwork, provided the referral is made by priorwritten agreement.

Q: How will Employment Networks be paid?

A: The payment structure is incentive-based andintended to ensure that individuals receive theongoing services needed to maintain employmentand succeed at work. The TWWIIA authorizesEmployment Networks to be paid a percentage ofthe national average SSI or SSDI benefits undereither an outcome payment or outcome milestonepayment system. Under the outcome system, theEmployment Network will be paid for each montha beneficiary does not receive a benefit checkbecause of work or income for a period not toexceed 60 months. The 60 months need not beconsecutive. The milestone system is similar.However, it provides for payments when thebeneficiary reaches specified milestones whilepreparing for, or seeking, permanent employment,at which point the outcome payments begin.

Q: How will Employment Networks be selected?

A: The Commissioner of the Social SecurityAdministration will select several ProgramManagers who will recruit and recommendEmployment Networks. Program Managers will bepublic or private organizations. The criteria for anEmployment Network are established in the Actand will be more fully defined under the regulationswhich must be completed by December of 2000.

EXPANDED HEALTH CARE COVERAGE

Q: How does the TWWIIA enable a person with adisability to work without losing health insurancecoverage?

A: The possible loss of health care coverage is one ofthe major barriers for individuals with disabilitieswho want to work but have no alternative healthcoverage. The TWWIIA removes the need forindividuals with disabilities to choose between

health insurance and work by allowing states toprovide Medicaid coverage to more people andextending Medicare coverage for Social Securitybeneficiaries.

Q: What changes does TWWIIA make to MedicaidHealth Coverage?

A: Effective October 1, 2000 states will have theoption to provide Medicaid coverage to more peopleages 16-64 with disabilities who work. States willbe permitted to liberalize limits to income,previously 250% of poverty, and resources. Statesalso will be allowed to provide employedindividuals who have certain medically determinedimpairments, as determined by the Secretary ofHHS, the opportunity to buy into Medicaid eventhough they are no longer eligible for SSDI or SSIdisability benefits due to medical improvement. Forthe purpose of the Medicaid buy-in, the states areauthorized to require individuals to pay premiums,or other cost-sharing charges, set on a sliding scalebased on income.

Q: What impact does the TWWIIA have on Medicarehealth coverage?

A: Effective October 1, 2000, the law extendsMedicare Part A (Hospital) premium-free coveragefor a total of eight and a half years after thebeneficiary returns to work.

ADDITIONAL INFORMATION

Additional information about The Ticket to Work andWork Incentive Improvement Act can be obtained fromthe Social Security Administration's Web site at:< www.ssa.gov/work > or by calling 800-772-1213(toll free).



22

PRESIDENT'S

COMMITTEE

ON EMPLOYMENT

OF PEOPLE

WITH DISABILITIES

1331 F Street, NWWashington, DC 20004-1107www.pcepd.gov (Internet)

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