# Presentation: 317884

## Disability Rights

- Calendar Year 2006 USDA/APHIS Mandatory Civil Rights Training

## Overview

- The USDA Office of Civil Rights mandates that all USDA employees have Civil Rights training once every calendar year.
- The subject of the above mentioned training is different each year, as civil rights laws and policies change often.

## Overview (continued)

- This year’s CY 2006 Mandatory Civil Rights Training subject is *Disability Rights*.
- The purpose of this training is to provide the opportunity to contribute to the elimination of discrimination on the basis of disability.

## Background

- It is estimated that 53,907,000 Americans have one or more physical or mental disabilities.
- The above number is increasing as the population as a whole is growing older.
- Historically, American society has tended to isolate and segregate individuals with disabilities.

## Background (continued)

- Individuals with disabilities encounter:
-  Different forms of discrimination.
-  Overprotective policies.
-  Exclusionary qualification standards.
-  Relegation to lesser services, programs, activities, benefits, jobs, or other opportunities.

## Background (continued)

- Each year billions of dollars are spent assuring the safety and welfare of individuals with disabilities, the majority of whom want to work and be productive.
- The federal government is committed to becoming the “model employer of individuals with disabilities.”

## Awareness

**Choosing Words With Dignity**
- Individuals with disabilities, like other groups, are actively seeking full civil rights.
- Our behavior can greatly affect other’s perceptions of individuals with disabilities.

## Awareness (continued)

**Positive Phrases**
- Individual who is blind; individual who is visually impaired.
- Individual who is deaf; individual who is hard of hearing.

**Negative Phrases**
- The blind.
- Suffers a hearing loss.

## Awareness (continued)

**Positive Phrases**
- Individual who has multiple sclerosis.
- Individual with mental retardation.
- Individual who has HIV/AIDS.

**Negative Phrases**
- Afflicted by MS.
- Retarded; mentally defective.
- HIV/AIDS victim.

## Interviewing “Do’s” and “Don’ts”

- There are some interviewing do’s and don’ts that apply to job applicants as well as applicants for programs and services.
- Although you may not be one who supervises or hires employees, you may from time to time be asked to assist in such interviews, panels, or other means or accommodating an applicant with a disability.

## Interviewing “Do’s”

- Do obtain necessary relevant background data regarding the qualifications of the applicant for employment or services.
- Do ask direct questions about the applicant’s ability to perform the essential functions of the job, or qualifications for services.

## Interviewing “Don’ts”

- Don’t ask any questions that are not related to the ability of the job applicant to perform job-related functions.  All questions should be phrased to assure that they do not elicit information regarding a disability.
- Don’t ask any questions about requiring an accommodation, or auxiliary aids or services because of a disability.

## Interviewing “Do’s”

- Do give more information about the nature of the work than you might in a routine job interview situation (such as mental, physical and safety requirements).
- Do make sure that the physical set up for the interview/meeting is appropriate.  For example, there should be adequate room for a wheelchair, appropriate seating for an applicant who is deaf and his/her interpreter (if one is used), and good lighting available for an applicant with low or partial vision.

## Interviewing “Don’ts”

- Don’t be overly solicitous, condescending or patronizing when interviewing an applicant with a disability.
- Don’t make any assumptions about an individual’s ability to perform the essential functions of a job based on your knowledge or ideas about a disabling condition.

## Interviewing “Do’s”

- Do give clear, non-patronizing reasons when a “no” situation occurs.  Be certain that all avenues to provide reasonable accommodation (for job applicants) and auxiliary aids and services (for programs and services applicants) have been explored.

## Interviewing “Don’ts”

- Don’t make any assumptions about an individual’s ability to perform a job based on your experience with, or knowledge of, other people with identical impairments.
- Don’t make assumptions about an individual’s social adaptability in the job or program situation.

## Interviewing “Do’s”

- When arranging for an interview/meeting with an applicant/employee/customer whom you know has a disability or has volunteered information as to a disability, ask if he/she desires accommodations, auxiliary aids or services for the interview/meeting.  If the answer is yes, ask the individual for suggestions for appropriate accommodations/auxiliary aids or services, and make sure they are provided.

## Interviewing “Don’ts”

- Don’t refer to reasonable accommodations as  “special” (e.g., special accommodation needs).  Accommodations are “rights.”  They are not something “special” that is provided because someone is disabled.

## The Rehabilitation Act of 1973	

- Section 501 prohibits discrimination on the basis of disabilities.
- Requires federal agencies to provide reasonable accommodations for individuals with disabilities (such as providing Braille transcripts for an individual who is blind).
- Section 508 establishes requirements for electronic and information technology

## The Rehabilitation Act of 1973	(continued)

- Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the federal government (such as a website that contains highly contrasting colors for an individual with a vision impairment).

## Definition of an Individual with a Disability

- The Rehabilitation Act definition of an individual with a disability is one who:
- Has a physical or mental impairment which substantially limits one or more of the individual’s major life activities (such as walking, seeing, hearing, working, etc.); or
- Has a record of such an impairment; or
- Is regarded as having such an impairment.

## Individuals Not Protected by the Rehabilitation Act

- Individuals who use drugs illegally.
- Individuals whose job performance is so impaired by alcohol that they cannot perform their essential job functions.
- Those who might be a direct threat to the safety of others or themselves.

## Other Exclusions

**The following are not considered impairments and/or are excluded from the definition of an “individual with a disability:**
- 	Homosexuality, bisexuality, transvestism, transsexualism, pedophilia, exhibitionism, voyerism, gender identity disorders not resulting from physical impairments, compulsive gambling, kleptomania, pyromania, and psychoactive substance use disorders resulting from current illegal use of drugs.

## Medical Examinations

- The USDA may not ask a job applicant about the existence, nature, or severity of a disability.
- The USDA may ask about the ability to perform a specific job function.
- The USDA may not make medical inquiries or conduct a medical examination until after a job offer is made, and then only if it is required for all entering employees in similar jobs.

## Section 501 Regulatory Requirements (“Do’s”)

- Provide affirmative action, nondiscrimination, and equal opportunity in employment for all qualified individuals with disabilities.
- Maintain a continuing affirmative program to promote equal opportunity and to identify and eliminate discriminatory practices and policies
- Provide sufficient resources to its equal employment opportunity program to ensure an efficient and successful operation.
- Provide for the prompt, fair, and impartial processing of complaints as set forth by the EEOC and in Departmental Manual (DM) 4300-001,

## Section 501 Regulatory Requirements (“Do’s” continued)

- Communicate USDA’s equal employment opportunity policy and program and its employment needs to all sources of job candidates.
- Provide orientation, training, and advice to managers and supervisors to assure their   understanding and implementation of the equal employment opportunity policy and program.
- Take appropriate disciplinary action against employees, who engage in discriminatory practices.
- Make reasonable accommodation to the known physical or mental limitations of qualified applicants and employees with disabilities unless the accommodation would impose an undue hardship on the operation of the agency or program.

## Section 501 Regulatory Requirements (“Do’s” continued)

- Reassign, non-probationary employees who develop physical or mental limitations that prevent them from performing the essential functions of their positions even with reasonable accommodation.
- Provide recognition to employees, supervisors, managers and units demonstrating superior accomplishments in equal employment opportunity.
- Establish a system for periodically evaluating the effectiveness of USDA’s overall equal employment opportunity effort.
- Investigate individual and class complaints of employment discrimination and retaliation prohibited by the Rehabilitation Act.

## Section 501 Regulatory Prohibitions (“Don’ts”)

- Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability regarding the following:
- Recruitment, advertising, and job application procedures.
- Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring.
- Rates of pay or any other form of compensation and changes in compensation.
- Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists.

## Section 501 Regulatory Prohibitions (“Don’ts” continued)

- Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability regarding the following:
- Leave of absence, sick leave, or any other leave.
- Fringe benefits available by virtue of employment, whether or not administered by USDA.
- Selection and financial support for training, including:  apprenticeships, professional meetings, conferences and other related activities, and selection for leave of absence to pursue training.
- Activities sponsored by USDA or on behalf of USDA, including social and recreational programs.

## Section 501 Regulatory Prohibitions (“Don’ts” continued)

- Section 501 of the Rehabilitation Act prohibits discrimination on the basis of disability regarding the following:
- Limit, segregate, or classify, a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability.
- Any other term, condition, or privilege of employment.
- Use standards, criteria, or methods of administration, which are not job-related and consistent with business necessity, have the effect of discrimination on the basis of disability, or perpetuate the discrimination of others who are subject to USDA administrative control.