The National Business & Disability Council

February 2010 Disability Employment Statistics Released

As previously reported, last year, questions used to identify persons with a disability in the civilian non-institutional population age 16 and older were added to the Current Population Survey (CPS), a monthly survey of households conducted by the Bureau of Census for the Bureau of Labor Statistics (BLS) that provides a comprehensive body of statistical data on labor force, employment, unemployment and persons not in the labor force.

The addition of these questions allowed BLS to begin releasing monthly labor force data from the CPS for persons with a disability. The collection of data is sponsored by the Department of Labor’s Office of Disability Employment Policy (ODEP). Publication of CPS disability data began in February 2009 with the issuance of labor force data for January 2009. Beginning with the release of the January 2010 data on February 5, 2010, information on the employment status of persons by disability status was included as part of the Employment Situation news release.

With the latest statistics released for January 2010, the numbers provided were not too promising for the disability population compared to their nondisabled counterparts. According to the BLS, in January 2010, the percentage of people with disabilities in the labor force was 21.8 compared with 70.1 for persons with no disability. The unemployment rate for those with disabilities was 15.2 percent, compared with 10.4 percent for persons with no disability, not seasonally adjusted.

In December 2009, the percentage of people with disabilities in the work force was 21.6 compared with 70.0 for persons with no disability. The unemployment rate for those with disabilities was 13.8 percent, compared with 9.5 percent for persons with no disability, not seasonally adjusted.

As one can see, comparatively speaking, although both groups percentage in the workforce had risen a small percentage, the number of people without disabilities in the labor force is over three times that of people with disabilities.

In addition, although both groups unemployment rate had raised closely, the percentage of people with disabilities unemployed is 1 ½ times that of people without disabilities. Source: Bureau of Labor Statistics, February, 2010). February Disability Employment Statistics:  http://www.dol.gov/odep/index.htm. 

Best Buy and The Campaign for Disability Employment Announce National Video Contest Winner Blake Watson’s MEET SUE wins the What Can YOU Do? Video Contest

NBDC is pleased to be a partner in the Campaign for Disability Employment (CDE)

A collaborative effort to promote positive employment outcomes for people with disabilities by encouraging employers, and others, to recognize the value and talent that people with disabilities bring to the workplace. The Campaign has developed a public service announcement (PSA) that can be viewed from the web site homepage at http://www.whatcanyoudocampaign.org where contest winner videos and other useful resources can also be found. 

National Business & Disability Council (www.nbdc.com) at Just One Break, Inc. (JOB) at Abilities!, a partner in the Campaign for Disability Employment (CDE), a collaborative effort between the American Association of People with Disabilities (AAPD); the National Business & Disability Council (NBDC); Special Olympics (SO); and the U.S. Business Leadership Network (USBLN). The Campaign is supported by West Virginia University, receives technical assistance from the Job Accommodation Network (JAN) and is funded by the Office of Disability Employment Policy (ODEP)/US Department of Labor.

NBDC is pleased to be a partner in the following........

Cornell University institute selected to lead consortium

The U.S. Equal Employment Opportunity Commission Notice Concerning The Americans with Disabilities Act (ADA) Amendments Act of 2008

Status Update: On September 16, 2009, the Commission voted to approve a Notice of Proposed Rulemaking (NPRM) to conform its ADA regulations to the Amendments Act of 2008. The NPRM is expected to be published in the Federal Register during the week of September 21, 2009. The Commission has also issued a question and answer guide on the NPRM . Below is a summary of the changes made by the Amendments Act, which became effective on January 1, 2009. You may continue to check this space for periodic updates.

On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 ("ADA Amendments Act" or "Act"). The Act emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis.

The Act makes important changes to the definition of the term "disability" by rejecting the holdings in several Supreme Court decisions and portions of EEOC's ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA.

The Act retains the ADA's basic definition of "disability" as an impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. However, it changes the way that these statutory terms should be interpreted in several ways. Most significantly, the Act:

PRESS RELEASE 6-17-09 The U.S. Equal Employment Opportunity Commission (EEOC) has voted to revise its regulations to conform to changes made by the ADA Amendments Act (ADAAA) of 2008

The US Department of Labor, ODEP, releases Disability Employment status as of May 2009

According to the U.S. Department of Labor, Office of Disability Employment (ODEP), the Disability Employment status as of May 2009 is as follows:

For additional information, go to New monthly data series on the employment status of people with a disability http://www.bls.gov/cps/cpsdisability.htm/

"An Overview of the ACAA"

New Publication to Ensure Your Meetings are Inclusive of People with Disabilities

The U.S. Department of Justice's Disability Rights Section has an excellent resource website at www.ada.gov. On that page is a link to their business focused section http://www.ada.gov/business.htm

On that page is their new publication, "Accessible Information Exchange:

Meeting on a Level Playing Field." This publication focuses on planning and conducting meetings and events that are accessible to people with disabilities and can be found at http://www.ada.gov/business/accessiblemtg.htm

DOL Releases Data on Employment Status of People with Disabilities

DOL Releases Data on Employment Status of People with Disabilities

The U.S. Dept of Labor Bureau of Labor Statistics will be providing statistical data each month, which started January 2009, on employment and disabilities in the US:

This data has been made available because as of June 2008, additional questions were added to the Current Population Survey (CPS) which allowed the Bureau of Labor Statistics to begin releasing monthly labor force data from the CPS for persons with a disability. By including these questions, the necessary information was available to the Department of Labor’s Office of Disability Employment Policy (ODEP) for "an official monthly measure of the labor force situation for people with disabilities". These materials will now provide information on comparisons with other data sources, variability of the data, and the types of data available. This data will also be used to formulate policy recommendations; in addition to ODEP’s utilizing this information to target its training, technical assistance, research and dissemination efforts.

To view the Labor Force Statistics from the Current Population Survey- Employment Status and Disability Status, and other statistical information released by the Bureau of Labor Statistics, go to http://www.bls.gov/cps/cpsdisability.htm .

President Barack Obama and Vice President Joe Biden release a comprehensive agenda to empower individuals with disabilities in order to equalize opportunities for all Americans.

DISABILITIES

In addition to reclaiming America's global leadership on this issue by becoming a signatory to -- and having the Senate ratify, the UN Convention on the Rights of Persons with Disabilities, the plan has four parts, designed to provide lifelong support and resources to Americans with disabilities. They are as follows:

(1) To provide Americans with disabilities with the educational opportunities they need to succeed by funding the Individuals with Disabilities Education Act, supporting early intervention for children with disabilities and universal screening, improving college opportunities for high school graduates with disabilities, and making college more affordable. Obama and Biden will also authorize a comprehensive study of students with disabilities and issues relating to transition to work and higher education.

(2) To end discrimination and promote equal opportunity by restoring the Americans with Disabilities Act, increasing funding for enforcement, supporting the Genetic Information Nondiscrimination Act, ensuring affordable, accessible health care for all and improving mental health care.

(3) To increase the employment rate of workers with disabilities by effectively implementing regulations that require the federal government and its contractors to employ people with disabilities, providing private-sector employers with resources to accommodate employees with disabilities, and encouraging those employers to use existing tax benefits to hire more workers with disabilities and supporting small businesses owned by people with disabilities.

(4) To support independent, community-based living for Americans with disabilities by enforcing the Community Choice Act, which would allow Americans with significant disabilities the choice of living in their community rather than having to live in a nursing home or other institution, creating a voluntary, budget-neutral national insurance program to help adults who have or develop functional disabilities to remain independent and in their communities, and streamline the Social Security approval process .

                     "We must build a world free of unnecessary barriers, stereotypes, and discrimination.... policies must be developed, attitudes must be shaped, and buildings and organizations must be designed to ensure that everyone has a chance to get the education they need and live independently as full citizens in their communities."  

-- Barack Obama, April 11, 2008

To view online, go to http://www.whitehouse.gov/agenda/disabilities/

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The ADA Then and the ADAAA Now! The following chart compares the original definition and intended meaning of the Americans with Disabilities Act of 1990 with the recently signed Subject ADA 1990 vs. ADAAA 2008

Definition of “disability” “disability” - a physical or mental impairment that substantially limits a major life activity of an individual   Remains the same:

The definition of “disability” will retain its original meaning, as a physical or mental impairment that substantially limits a major life activity of an individual.    

“Substantially Limits”  - In the case of Toyota Motor Mfg. of Kentucky v. Williams, an impairment “substantially limits” a major life activity if it “prevents or severely restricts the individual” from performing the activity.    Now interpreted as:
The term “substantially limits” will now be interpreted consistently with the findings and purpose of the Act.  In the past, the EEOC and the Supreme Court may have misinterpreted the term “substantially limits” and caused a greater degree of limitation than had been intended by Congress. A condition will be “substantially limiting” if it materially restricts a major life activity. 

“Major Life Activity”  - In the case of Toyota Motor Mfg. of Kentucky v. Williams, the Supreme Court ruled that a “major life activity” must be an activity that is “of central importance to most people’s daily lives.   Remains the same:
The ADAAA will continue to include a list of major life activities:  seeing, hearing, eating, sleeping, walking, learning, and concentrating.  It also includes the operation of “major bodily functions” such as the immune system, normal cell growth, and the endocrine system. 

Episodic Conditions and Multiple Major Life Activities  - In the past, some courts held that individuals must be limited in more than one major life activity in order to have a disability under the law.  Other courts held that episodic or intermittent impairments, such as epilepsy or post-traumatic stress disorder, are not covered under the law.   Clarification: 
A person’s impairment that substantially limits a major life activity need not also limit other major life activities.  The impairments that are episodic or in remission are considered disabilities if the impairment would substantially limit a major life activity when the condition is considered in its active state. 

Mitigating Measures  - The Supreme court narrowed the group of people covered under the ADA by ruling in the case, Sutton v. United Airlines, that mitigating measures (such as medication or devices) were taken into consideration when determining whether a person was substantially limited in a major life activity.  If the medication / devices enabled the person, then that person was considered not to have a disability.   Now interpreted as:
The effects of mitigating measure should not be considered in determining whether an individual has an impairment that substantially limits a major life activity.

Four Supreme Court cases to be overturned:
• Sutton v. United Airlines
• Murphy v. United Parcel Service
• Albertson’s Inc. v. Kirkingburg
• Toyota Motor Manufacturing, Kentucky, Inc. v. Williams 
   Visual impairments that are correctable with ordinary eyeglasses or contact lenses  will not qualify as disabilities.  The mitigating effects of other low-vision devices would not be considered.   

The definition would cover episodic and latent conditions during their active phases, and excludes minor and transitory conditions. 

“Regarded as” Having a Disability   - The third part of the ADA definition covers people with impairments who are “regarded as” having a disability.  In the Sutton v. United Airlines case, the Supreme Court expected the individual to show that he/she was substantially limited in working by proving that the covered entity that engaged in the discrimination also believed that many other employers would have discriminated against that individual as well.   Remains the same:
The treatment of “regarded as” will remain the same

Findings and Narrow Construction   - In the Sutton v. United Airline case, the Supreme Court based its understanding of the definition of disability, as per the ADA, partly on the ADA’s findings that “43 million Americans have one or more physical or mental disabilities and that individuals with disabilities are a discrete and insular minority”.
In the Toyota Motor Mfg. of Kentucky v. Williams case, the Court used 43 million

Americans with disabilities to confirm its conclusion that the terms “substantially limits” and “major life activity” must be “interpreted strictly to create a demanding standard for qualifying as a person with a disability”. 

Adopted all findings plus added two new findings:
(1) that Williams interpreted the term “substantially limits” to require a greater degree of limitation than Congress had intended
(2)  The EEOC’s regulations defining “substantially limits” as “significantly restricted” were inconsistent with what Congress intended.

Two new findings include:
(1)   The EEOC will revise the portion of its regulations that defined “substantially limits” as having too high a level of severity and conveying Congress’ intent that the primary object of the courts should be whether covered entities have complied with their obligations and that the question of whether an individual’s impairment is a disability should not require extensive analysis. 
(2)  Regulatory Authority In the Sutton case, the Court held that “no agency” has been delegated authority to interpret the term “disability”. Title V of the ADA, which contains miscellaneous provisions which apply to EEOC's enforcement of Title I on Employment, will grant the following agencies to issue regulations interpreting the definition of disability under the ADA:
• EEOC
• Attorney General
• Secretary of Transportation

Academic Requirements in Higher Education Title III of the ADA (Covering Public Accommodations and Commercial Facilities)  requires that universities make reasonable modifications in their policies, unless the university can demonstrate that making these modifications would “fundamentally alter” the nature of the educational service.   Remains the same:

Nothing in this Act alters Title III of the ADA (Covering Public Accommodations and Commercial Facilities).  The changes in the definition of disability do not change the “fundamental alternation” provision of the ADA, unless the entity can demonstrate making modifications would fundamentally alter the nature and purpose of the entity.

Note to Employers:
The biggest change, according to an employment law attorney is that ADA litigation will most likely “focus on whether an employer adequately accommodated an employee, rather than on the employee's medical condition”.

For additional questions, contact NBDC Information Services at 516.465.1519 or email lfrancis@abilitiesonline.org.

Timeline of the passing of the ADA Amendments Act of 2008 (ADAAA)

Senate Passes ADA Amendments Act!

At approximately 3:00 PM, EST today, September 11, 2008, Senate bill S.3406  - the ADA Amendments Act of 2008, was brought to the Senate floor for a voice vote. Shortly before 5:00 PM, it passed by unanimous consent! 

In June, the House approved the ADA Amendments Act of 2008 (H.R. 3195) by an impressive vote of 402:17.     

But before the bill can head to the White House, the Senate bill must first be sent back to the House. If the House accepts the Senate version of the bill, it could arrive on the President's desk with a veto-proof majority!

(Source American Association of People with Disabilities- Justice For All Blog)

The ADA Restoration Act Passed!

The ADA Restoration Act, now referred to as the ADA Amendments Act of 2008 passed the House in a 402 – 17 vote! This civil rights bill would expand protections for people with disabilities and overturn several Supreme Court decisions issued in the last ten years to restore the original Congressional intent of the Americans with Disabilities Act by:

• Clarifying the definition of disability, including what it means to be “substantially limited in a major life activity.”
• Prohibiting the consideration of measures that reduce or mitigate the impact of impairment – such as medication, prosthetics, and assistive technology – in determining whether an individual has a disability.
• Covering workers whose employers discriminate against them based on a perception that the worker is impaired, regardless of whether the worker has a disability.
• Making it clear that the Americans with Disabilities Act provides broad coverage to protect anyone who faces discrimination on the basis of disability.

For more information on the ADA Amendments Act, go to the Committee on Education and Labor, U.S. House of Representatives at http://edlabor.house.gov/issues/adaaa.shtml or call NBDC Information Services at 516.465.1519 or email lfrancis@abilitiesonline.org
(Source: Committee on Education and Labor - U. S. House of Representatives)

Functional Approach to Workplace Accommodations

With the support of the NEC Foundation, a new resource will soon be available for employers dealing with the need to make reasonable accommodation for employees with disabilities. It’s an interactive, self-paced program, viewable by anyone with access to the internet–and it’s free of charge. The program, A Functional Approach to Workplace Accommodations, introduces the concept of assistive technology as a type of "reasonable accommodation" under the Americans with Disabilities Act of 1990 (ADA). NBDC has noted that while employers are generally aware of the legal requirement to provide reasonable accommodations for employees with disabilities in order to allow them to perform the essential job functions, they often lack a clear understanding of what those accommodations actually are. As a public service, this program provides a thorough overview of the kinds of devices and techniques available and clears up some common misunderstandings. Check our web site for its release……Coming Soon!

It’s National Disability Employment Awareness Month!

In honor of National Disability Employment Awareness Month, CVS and NBDC have worked together to develop a poster highlighting the importance of people with disabilities in the workforce and marketplace. NBDC expresses our sincere appreciation to CVS for their sponsorship of this year’s poster and for their initiatives to include individuals with disabilities in their workforce and serve them as customers all year round.

A complimentary copy of this poster has been disseminated to our members, business partners, community agencies and CVS locations Nation-wide. If you have not received your copy of the above poster, or need additional copies, please contact Laura Francis at 516.465.1476 or email at lfrancis@abilitiesonline.org.

Please display the poster proudly to demonstrate to everyone in your organization and your community that you value people with disabilities as part of America’s diverse landscape. You will also be able to download 8.5" x 11" copies from NBDC’s website homepage, www.nbdc.com.

Special events celebrating the capabilities of people with disabilities date as far back as 1945 when “National Employ the Handicapped Week” was celebrated during the first week of October. Today, this nationally recognized tribute to the employment of people with disabilities is known as the “National Disability Employment Awareness Month”.

To utilize videos from the NBDC’s collection, disseminate print materials or schedule a disability training session to commemorate this special emphasis month, please do not hesitate to contact NBDC Services at 516.465.1519 or lfrancis@abilitiesonline.org.

Best Practices Employed by Corporations to Identify, Hire, and Retain Individuals with Disabilities

On August 22, 2007, NBDC member companies presented at the 25th Annual Industry Liaison Group National Conference (NILG) on Best Practices Employed by Corporations to Identify, Hire, and Retain Individuals with Disabilities. NBDC session presentations included: Patricia (Tricia) Vivado, Lehman Brothers; William Rolack Sr., Adecco; Linda Leonard, Bristol-Myers Squibb at the Sheraton New York Hotel & Towers, New York, NY

National Disability Employment Awareness Month (NDEAM)

June 2007 — Last month, U.S. Secretary of Labor Elaine L. Chao announced that “Workers with Disabilities: Talent for a Winning Team!” will be the official 2007 theme for National Disability Employment Awareness Month, which is observed during the month of October.

“The 2007 ‘Talent for a Winning Team’ theme captures the heart of the President’s New Freedom Initiative, which is that Americans with disabilities are an underutilized reservoir of ambition, talent and skill ready to make great contributions in the workplace,” said Secretary Chao.

The Office of Disability Employment Policy (ODEP) leads the nation’s activities and provides materials to increase awareness of American workers with disabilities. As we approach this year’s National Disability Employment Awareness Month and Disability Mentoring Day, we look forward to working with you to plan a productive event for your organization. National Disability Mentoring Day, which, this year, falls on Wednesday, October 17th, is typically celebrated by students with disabilities working along-side workplace mentors according to expressed career interests. Mentees experience a typical day on the job and learn how to prepare to enter the world of work, while employers gain an increased awareness that people with disabilities represent an overlooked talent pool. If you are interested in planning a Disability Mentoring Day, feel free to contact us.

Other interests may include planning a half-day customized training event to meet the needs of your company or plan a “Lunch and Learn” session on a specific disability topic. NBDC can help you chose a variety of session topics to help serve your staff, such as communicating with an employee with a disability, supervising an employee with a disability, or steps to take when handling accommodation requests from an employee with a disability, to name a few.

“America’s employers benefit when they provide opportunities for Americans with disabilities to work,” said Roy Grizzard, Assistant Secretary of Labor for ODEP. “A winning team will include people with disabilities.”

Call NBDC Information Services at 516.465.1519 or email lfrancis@abilitiesonline.org, so we can help you get started!

For a print copy of this poster, available in either a 20” x 30” and/or a 10” x 15” size, please send your request to NDEAM@dol.gov. You may also download a poster from the ODEP web site at http://www.dol.gov/odep/pubs/ndeam07.htm.

Access to Paper Currency for the Blind

December 2006 — The American Council of the Blind filed a suit against the U. S. Department of Treasury alleging that they are in violation of Section 504 of the Rehab Act by failing to design currency that is accessible to individuals who are visually impaired and blind.

In speaking with the ACB, an update from the information on their web site was released: As of December 13, 2007, The U.S. Department of Justice issued an interlocutory appeal (an appeal of a ruling by a trial court that is made before the trial itself has concluded) questioning statements from the judges’ decision in favor of ACB’s law suit. In his original memorandum response, Judge Robertson stated, “It can no longer be successfully argued that a blind person has “meaningful access” to currency if she cannot accurately identify paper money without assistance.” The ACB is now in the process of writing a response and will post it on their web site at www.acb.org under Washington Connection.

Read more in the January 2007 issue of the NBDC Review.