Final Report

Best Practices for the

Employment of People with Disabilities

in State Government

Prepared by the Office of Legal Counsel

October 31, 2005
TABLE OF CONTENTS

Executive Summary ii

Introduction 1

Part I: Recruiting and Hiring 5

Part II: Reasonable Accommodation 14

Part III: Protecting the Rights of Individuals With Disabilities on the Job 23

Part IV: Other Best Practices That Promote the Employment 

of People with Disabilities 26

Part V: Issues for Further Evaluation by States 33

Conclusion 37

APPENDIX A 38

APPENDIX B 40
ii

EXECUTIVE SUMMARY

This report highlights best practices of nine states that promote the hiring, retention,

and advancement of individuals with disabilities in state government jobs. The United States

Equal Employment Opportunity Commission (EEOC) is issuing this report as part of the

agency’s efforts in support of the New Freedom Initiative, President George W. Bush’s

comprehensive strategy for the full integration of people with disabilities into all aspects of

America’s social and economic life.

Despite progress made since the passage of the Americans with Disabilities Act (ADA)

in 1990, people with disabilities still experience unemployment at a rate far above the

national average. With more than five million workers nation-wide and with the unique

opportunities they have to serve as model employers, state governments can play a significant

role in enhancing employment opportunities for people with disabilities.

The governors of the nine participating states voluntarily allowed EEOC to review a

wide range of best practices affecting individuals with disabilities who are state government

employees or applicants for state employment. We examined state government practices

related to the following:

! the recruitment and hiring of people with disabilities for state jobs;

! the provision of reasonable accommodations for applicants and employees

with disabilities;

! the retention and advancement of individuals with disabilities within state

government; and

! the employment of people with disabilities more generally – that is, in both

public and private sector jobs.

This report also lists a number of what may be inadvertent barriers to the employment,

retention, and advancement of qualified individuals with disabilities. We suggest that all

states evaluate their practices to determine whether they include these or other barriers.

This report has two purposes. First, all employers, including the participating states,

can learn from the best practices outlined in this report. Second, we are offering states free,

informal technical assistance to promote voluntary compliance with the ADA.

Parts I through IV of the report discuss best practices, and Part V lists potential barriers. 

Following are some of EEOC’s most significant findings:
iii

PART I: RECRUITING AND HIRING 

! Governor Bill Richardson of New Mexico created an Executive Task Force on

Disability Employment to develop strategies to increase the recruitment and

hiring of qualified individuals with disabilities for state government jobs. 

! Vermont and Washington work with organizations of and for individuals with

disabilities as part of their targeted outreach and recruitment efforts. Maryland

has a Coordinator of Special Outreach and Employment Programs to assist

state agencies in targeting diverse applicant pools for state positions that

include persons with disabilities. 

! Vermont and Washington have programs that specifically train and/or hire

individuals with disabilities for state jobs. Vermont also provides a “must

interview” to anyone with a disability who meets the minimum qualifications for

any state job.

! Most of the states surveyed provide clear statements to job applicants about

reasonable accommodations for the application process and provide

supervisors and managers with training on their ADA obligations related to the

application and interview process.

PART II: REASONABLE ACCOMMODATION

! Vermont has state-wide written reasonable accommodation policies and

procedures; Washington requires state agencies with 50 or more employees to

develop reasonable accommodation procedures that are reviewed by the

state’s Affirmative Action Committee; and Florida and Kansas reported that a

number of state agencies have adopted their own written procedures.

! Several states provide procedural safeguards to ensure that reasonable

accommodations are not inappropriately denied. Utah trains all of its ADA

Coordinators to submit any proposed denials to the Division of Risk

Management so that they can be reviewed for legal sufficiency; Vermont

created a Reasonable Accommodation Committee to which an employee may

have a denial submitted for review; and Washington requires that all denials of

accommodation be signed by the head of the employing agency.

! Maryland and Vermont have tracked information related to the provision of

reasonable accommodations that could be used to assess the effectiveness of

their reasonable accommodation procedures.
iv

! While all of the states surveyed generally require individual state agencies to

pay for reasonable accommodations, Utah and Washington have some

centralized funds available for any agency that can demonstrate a particular

accommodation would be too costly for the agency to obtain on its own.

! Agencies in Kansas and Missouri provide accommodations for some

individuals who do not necessarily meet the ADA’s definition of “disability,”

such as those with limitations resulting from short-term, temporary conditions.

PART III: PROTECTING THE RIGHTS OF INDIVIDUALS WITH DISABILITIES ON THE JOB

! The Maryland Aviation Administration’s bi-annual supervisory ADA training

addresses the issue of how to promote career development for individuals with

disabilities. 

! Most of the states we surveyed indicated that training on the ADA is provided

for managers and supervisors either on a statewide or agency-wide basis. 

PART IV: OTHER BEST PRACTICES THAT PROMOTE THE EMPLOYMENT OF PEOPLE WITH

DISABILITIES

! In 2004, Florida established the Agency for Persons with Disabilities and

Maryland elevated its former Office on Individuals with Disabilities to cabinetlevel status. 

! Florida, Kansas, and New Hampshire have taken steps to ensure a level of

accessibility of state websites that meets or exceeds the standards applicable to

the federal government under Section 508 of the Rehabilitation Act.

! The Florida Freedom Initiative is a demonstration project that allows certain

individuals who received Medicaid and Supplemental Security Income to earn

and save more than current law generally permits without losing vital benefits.

! Maryland and Vermont have participated in a pilot project to have some

employees serve as “disability program navigators” at state One Stop Career

Centers created under the Workforce Investment Act to help people with

disabilities access these services more easily.

! Youth Leadership Forums in Florida, Kansas, Maryland, Missouri, Vermont,

and Washington annually bring together thirty to forty high school juniors and

seniors to participate in several days of activities that help them develop

vocational goals, strengthen leadership skills, and learn from the experiences

of other youth and adults with disabilities.
v

PART V: ISSUES FOR FURTHER EVALUATION BY STATES

! Some equal employment opportunity and affirmative action policies fail to

include disability. In other instances, affirmative action policies mention

disability, but no specific efforts are being made to increase the representation

of individuals with disabilities in the workforce.

! Some procedures inappropriately limit the obligation to provide reasonable

accommodations such as telework and reassignment, or limit the availability of

reasonable accommodation to those with “permanent” conditions.

! Some training materials for managers, supervisors, and ADA Coordinators

include legal inaccuracies.

CONCLUSION

The report’s conclusion notes several positive trends. Applicants for state employment

are frequently given information about the availability of reasonable accommodations for the

application process, and job announcements and position descriptions do not appear to be

drafted in ways that would discourage people with disabilities from applying for state jobs. 

Some states have undertaken targeted outreach to and recruitment of individuals with

disabilities. At this time there is insufficient data to assess the effectiveness of these efforts.

Supervisors, managers, and other state personnel responsible for the hiring, retention,

and advancement of people with disabilities have access to sufficient information about their

ADA obligations. The use of written procedures for providing reasonable accommodations,

methods of documenting and tracking the disposition of requests, and the provision of

appeal processes following denials of reasonable accommodations are also positive trends in

some states. We were unable to determine the extent to which individuals with disabilities

have been able to advance within state government once hired, since we saw little evidence

that the states undertake any measures to determine the distribution of employees with

disabilities among the various levels of the state government workforce.

Finally, we note that many of the best practices identified in the report resulted from

legislative or executive actions. This sends a clear message “from the top” that the

employment of people with disabilities is a priority for the states.
1

See http://www.eeoc.gov/initiatives/nfi/int_states_best_practices_report.html. 

2

42 U.S.C. § 12101 et seq.

3

See 42 U.S.C. § 12102. Pursuant to statutory directive, the United States Equal Employment

Opportunity Commission has issued regulations implementing Title I of the ADA. Those regulations can

be found at 29 C.F.R. Part 1630.

4

For information on the New Freedom Initiative,see http://whitehouse.gov/infocus/newfreedom/.

FINAL REPORT ON BEST PRACTICES

FOR THE EMPLOYMENT OF PEOPLE WITH DISABILITIES

IN STATE GOVERNMENT

INTRODUCTION

A. Background

This report details best practices undertaken by states to promote the hiring, retention,

and advancement of individuals with disabilities in state government employment. The U.S.

Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued an interim

report covering four states – Florida, Maryland, Vermont, and Washington – on October 29,

2004.1 This final report covers those four states and five others – Kansas, Missouri, New

Hampshire, New Mexico, and Utah.

Title I of the Americans with Disabilities Act of 1990 (ADA)

2

 prohibits private and state

and local government entities that employ fifteen or more employees from discriminating

against qualified individuals with disabilities with respect to recruitment, the application

process, hiring, advancement, and other terms, conditions, and privileges of employment.3

Employers covered by Title I of the ADA must also make reasonable accommodations so that

qualified individuals with disabilities may participate in the application process, perform the

essential (or fundamental) duties of a job, and enjoy the benefits and privileges of

employment available to all employees. 

Despite progress made as the result of the ADA, recent estimates still put the

unemployment rate of people with severe disabilities at or near 70 percent. In response to

this stubbornly high unemployment rate and other barriers that people with disabilities

continue to face, President George W. Bush announced his New Freedom Initiative (NFI) on

February 1, 2001. The NFI is the President’s comprehensive strategy for the full integration

of people with disabilities into all aspects of America’s social and economic life. It promotes

increased access to technology, education, the workplace, and community life.4
5

EEOC publications on the ADA can be found at http://www.eeoc.gov/types/ada.html. 

2

The EEOC enforces Title I of the ADA and has, since 2001, taken a lead role in

helping to implement the NFI’s employment goals. In addition to carrying out its traditional

enforcement and litigation functions under the ADA, the EEOC has stepped up its outreach

and technical assistance efforts. In April 2002, we began a series of free ADA workshops

targeted to businesses with 15 to 100 employees. Since August 2002, we have distributed

thousands of copies of The Americans with Disabilities Act: A Primer for Small Business. We

have issued question-and-answer documents discussing how the ADA applies to specific

disabilities in the workplace, such as diabetes, epilepsy, intellectual disabilities (i.e., mental

retardation), and cancer and have published a guide that describes how Title I of the ADA

applies to food service employers. We have also issued a question-and-answer document on

telework as a reasonable accommodation. Finally, we have increased our outreach to

people with disabilities through presentations at conferences sponsored by organizations of

and for individuals with disabilities and publication of a question-and-answer document on

the ADA for job applicants with disabilities.5

The EEOC has undertaken the “States’ Best Practices Project” in part because of the

number of people state governments employ (collectively more than five million), and

because of the unique opportunities to serve as model employers for other public entities

(such as county and municipal governments) and for the private sector. The purposes of this

project are twofold. First, EEOC hopes that all states (as well as local governments and

private employers) will learn from the best practices of the participating states. Second,

EEOC is offering participating states free, informal, technical assistance to aid in voluntary

compliance with the ADA. 

B. Methodology

States were chosen for this study based in part on geographical diversity, the range in

size of their workforces, and their differing personnel structures. Appendix A to this report

includes information about the size of each participating state’s workforce and a description

of each state’s personnel structure.

The nine selected states voluntarily participated in this study. EEOC provided the

states general guidelines concerning the kind of information we wished to review. We

wanted to find out what individuals with disabilities would encounter when applying for state

employment and what they would experience on the job. The information we requested

included the following:

! job application forms, job announcements, and position descriptions;
3

! written procedures for providing reasonable accommodations to qualified

applicants and employees with disabilities;

! information about procedures for administering employment tests, including

any reasonable accommodations the states provide for the testing process; and

! employee handbooks, manuals on recruitment and selection, directives on

EEO and diversity, and other documents reflecting best practices related to the

hiring, retention, and advancement of qualified individuals with disabilities.

Representatives from the EEOC held an initial teleconference with representatives from

each state. The states determined who would provide information to the EEOC and what

state agencies would be the subject of the review. Following the teleconference, EEOC

submitted a Request for Information to each state, reviewed the documents provided in

response to the request, and conducted follow-up interviews with state officials to clarify or

expand upon information in the documents provided. All participating states reviewed and

commented on a draft final report prior to publication.

Because the EEOC relied on self-reporting, it is possible that we have not learned

about all state activities that contribute positively to the employment of people with disabilities

in state government. Additionally, not all activities designated by states as “best practices”

have necessarily been included here. We did not include activities we deemed merely to

satisfy the states’ legal obligations under the ADA. Also, when most or all states engaged in

a similar practice, we sometimes offered only representative examples of the practice from a

few states. Appendix B to this report is a list of state contacts who can provide more

information about the practices identified in this report and perhaps others.

C. Overview

This report has five main parts and a conclusion. 

! Part I discusses best practices related to the recruitment and hiring of qualified

individuals with disabilities, including targeted outreach and provision of

reasonable accommodations for the application process. Best practices with

respect to job announcements, the job application process, and position

descriptions are also considered. 

! Part II discusses ways that the subject states provide reasonable

accommodations for qualified employees with disabilities, including written

reasonable accommodation procedures and other methods of ensuring prompt

and fair resolution of accommodation requests. Some innovative

accommodation solutions are also discussed. 
4

! Part III describes what the states have done to ensure that, once hired,

individuals with disabilities are treated fairly and have opportunities for

advancement within state government. This part discusses not only specific

state practices that promote advancement, but also ongoing training for

managers and supervisors that can proactively prevent discrimination. 

! Part IV describes state activities that, although not designed specifically to

increase employment opportunities in state government, promote employment

of people with disabilities generally. 

! Part V lists possible barriers to the employment and advancement of people

with disabilities in state government jobs that were found at the time of our

survey of the participating states and that may exist in other states.

! The conclusion summarizes the most promising trends that EEOC found as the

result of its review.
5

PART I: RECRUITING AND HIRING 

A. Targeted Recruitment and Outreach

The following section discusses ways that the states surveyed by the EEOC have

attempted to increase the representation of qualified individuals with disabilities in their hiring

pools and in their workforces. Recruitment and outreach efforts are of essentially two types –

those that seek to increase the number of applicants with disabilities for state jobs that are

available to the general public, and hiring or training programs designed specifically for

individuals with disabilities.

1. Efforts to Increase the Pool of Qualified Applicants with Disabilities

Maryland, New Mexico, Vermont, and Washington reported the following practices

aimed at increasing the number of individuals with disabilities in state government jobs:

! The Maryland Department of Budget and Management has a Coordinator,

Special Outreach and Employment Programs, to assist state agencies in

targeting diverse applicant pools for state positions that include persons with

disabilities. 

! The Maryland State Highway Administration has included specific action items

for recruitment and advancement of individuals with disabilities in its Strategic

Plan for Managing Diversity 2000-2004. Specifically, the Plan calls for

implementing a series of diversity strategies that include expanding the

recruitment plan to promote state government employment opportunities to

disability advocacy organizations, the American Association of Retired Persons,

and the Veterans Administration.

! Governor Bill Richardson of New Mexico charged state administrators of

disability services with developing a proposal to increase the number of people

with disabilities who apply, are interviewed, and are hired for employment in

state government. The governor has launched an Executive Task Force on

Disability Employment to implement the proposal. Key strategies may include:

C developing an ongoing public awareness campaign about employment

possibilities with the state;

C educating state agencies about the benefits of hiring persons with

disabilities;

C identifying barriers in the application process;
6

C awarding pay differentials for service positions that are difficult to fill;

C waiving competitive hiring requirements for a person with a disability

who has successfully completed an approved on-the-job training (OJT)

internship or apprenticeship program;

C expanding existing OJT internship and apprenticeship programs to

include persons with disabilities; and 

C identifying temporary positions that may provide work experiences for

students with disabilities.

! The New Mexico legislature issued a “Joint Memorial” directing the Executive

Task Force on Disability Employment to develop policies, procedures, and

guidelines that state agencies can use to recruit, hire, retain, and promote

individuals with disabilities and directing state agencies to follow these policies,

procedures, and guidelines.

! New Mexico has also implemented “recruitment pay” for vocational

rehabilitation counselors at the Division of Vocational Rehabilitation that will

enable the agency to recruit and retain counselors. These positions, which

historically have been difficult to fill, generally have been held by individuals

with disabilities. 

! Individual New Mexico agencies, such as the Public Education Department and

the Commission for the Blind, engage in outreach and training to recruit and

retain individuals with disabilities.

! The New Mexico Developmental Disabilities Planning Council has developed,

and Governor Richardson has distributed to all state agencies, a survey to

identify internship and other placement opportunities for people with

disabilities, as well as sources of funding for the various types of placements.

! Vermont Governor Jim Douglas recorded a series of radio Public Service

Announcements specifically designed to encourage people from all

backgrounds, including those with disabilities, to consider employment with the

state. These Public Service Announcements aired in conjunction with the

Governor’s announcement of October 2004 as Vermont Diversity and

Disability Employment Awareness Month.

! Vermont reports that it actively engages in outreach to a diverse range of

organizations that serve people with disabilities, such as the Vermont Center for
7

Independent Living. To be included on the outreach list, any individual or

organization may submit a request to the Employment Services Division. 

! Vermont’s Department of Human Resources has developed a “Working for the

State” workshop for community-based organizations throughout the state,

particularly those that serve people with disabilities. The workshop provides an

overview of the application process, highlights state career options, and

provides information on available resources.

! Vermont’s Department of Human Resources partners with the Division of

Rehabilitation to assist individuals with specific impairments/disabilities, such as

traumatic brain injury and developmental disabilities, in applying for jobs. The

Department also works closely with the Division for the Blind and Visually

Impaired to provide vocational assessments and evaluations for assistive

technology for persons who are blind or visually impaired. 

! Vermont also allows individuals with “qualifying disabilities” who meet the

minimum qualifications for a state job to ask for a “mandatory interview.” A

“qualifying disability” is any disability that meets the ADA’s definition.

! Washington state’s affirmative action policy covers, among other groups,

Vietnam Era veterans, disabled veterans, disabled persons, and people over

the age of forty. The state’s Department of Personnel administers the program,

which means that it provides guidance and assistance to state agencies and

institutions and monitors and reports on their progress. All general government

agencies and higher education institutions must maintain an annual affirmative

action policy and, depending on their size, must submit either an agency

profile or an affirmative action plan (including a bi-annual update). The goal

of the Department of Personnel is to address the underutilization of individuals

with disabilities in the state workforce by:

C cultivating relationships with disability groups;

C disseminating job bulletins to persons with disabilities;

C advertising in media that serve or represent persons with disabilities;

and 

C developing a pool of qualified individuals with disabilities to fill

temporary positions in underutilized job groups.
8

2. Hiring Programs Specifically for People with Disabilities

Two states – Washington and Vermont – have programs that specifically train and/or

hire individuals with disabilities for state jobs. 

! In 1997, Washington passed legislation creating a supported employment

program for individuals who need on-the-job training and long-term support to

do their jobs successfully. The program allows agencies to add positions within

their budgets that will not count against their allotted full-time employee

positions for the entire time the individual is employed by the agency. The

program targets individuals with developmental disabilities and those with

significant disabilities who are eligible for vocational rehabilitation services. In

October 1998 the number of individuals working who were hired through this

program was 23; by October 2003 it was 107. 

! Vermont identified three specific programs that provide employment and

training opportunities for individuals with disabilities in state government jobs:

C The VR-OPT Program offers training in clerical support skills and job

readiness to prepare individuals with disabilities for potential positions.

C The Clean Sweep Program provides training in a wide range of

cleaning, safety, and maintenance procedures. Program participants

receive hands-on training in internships that rotate among various types

of jobs.

C The On-the-Job Training (OJT) Program allows state departments to fill

entry-level positions at a lower salary and to receive support in

providing additional training or mentoring. The goal of the OJT is to

provide employment opportunities for individuals who, as a result of

their disabilities, find it difficult to meet the testing, educational, or

experience requirements for a position.

B. Job Announcements and Job Applications

The ADA does not require employers to use a specific type of job announcement or

job application form. Some practices related to job announcements and applications,

however, may discourage individuals with disabilities from applying for jobs. For example, a

deaf individual who uses a sign language interpreter to communicate might not apply for a

position described as requiring “good oral communication skills.” Similarly, a job

announcement that fails to differentiate between a position’s essential (or fundamental) and

marginal functions may discourage individuals whose disabilities make them unable to do the
6

The ADA considers an individual with a disability “qualified” if he or she can perform a job’s

“essential functions” (or fundamental duties) with or without reasonable accommodation. See 42 U.S.C.

§ 12111(8); 29 C.F.R. § 1630.2(m).

9

marginal functions from applying for the position, even though they may still be considered

“qualified” under the ADA.6 

On the other hand, employers can take several positive steps to ensure that their job

announcements and job applications do not inadvertently exclude qualified individuals with

disabilities from the applicant pool. 

1. Identifying Essential Job Functions

Several states reported on the efforts they make to identify essential and marginal

functions in job announcements and position descriptions.

! Florida reported that, as part of ADA training at several state agencies,

managers and supervisors are directed to designate those job functions

considered “essential” in job descriptions and to prepare job descriptions prior

to announcement of, and recruiting for, a position. 

! Kansas agencies develop job descriptions that list the essential and marginal

functions of a position, including the percent of time spent performing a

specific function. The process of identifying whether a function is essential or

marginal helps to refine job announcements.

! Utah’s Department of Human Resource Management has issued a detailed

Manual on Job & Position Analysis (March 1, 2003) to facilitate compliance

with the ADA requirements. Specifically, the manual is intended to help

supervisors and managers develop job descriptions, compare job activities for

the classification process, develop interview questions and examination tools,

design selection devices for entry and/or promotion, and determine essential

and marginal functions of a position for purposes of determining whether

reasonable accommodation can be made. Utah reports that use of this guide

to identify the essential functions of the job will help avoid disability

discrimination in state employment by promoting correct determinations of

when an individual is “qualified” for a position (i.e. can perform the essential

functions with or without accommodation). The manual also contains

information regarding ADA rules on reasonable accommodation as well as

disability-related inquiries and medical examinations as they relate to the hiring

process.
10

2. Availability of Reasonable Accommodations

Most of the states we surveyed take some measures to make potential applicants with

disabilities aware of the availability of reasonable accommodations for the application

process. For example:

! Florida’s employment application states at the top of the form that applicants

can notify an agency’s hiring authority to request accommodations to

participate in the employment process.

! The front page of Kansas’ employment application clearly announces the

state’s obligation to provide reasonable accommodations to applicants and

gives a telephone number for requesting accommodation. Individual agencies

may customize their own applications, and these also prominently display a

notice about requesting accommodation. Some applications, such as the one

used by the Kansas Judicial Branch, have a place for the agency to indicate a

contact person, a phone number, and a TDD number.

! Agencies operating under the Maryland Department of Budget and

Management provide all job applicants who take employment tests with

information about how to request accommodations for the tests. The Maryland

Department of Transportation, among other Maryland state agencies, includes

in all recruitment vacancy announcements a notification that accommodations

are provided for persons with disabilities, as well as the Maryland Relay Service

and TTY telephone numbers for hearing-impaired applicants using such

services. 

! The Missouri State Public Defender informs applicants that if they need

assistance with “any phase of the application process” they should notify the

Human Resources Director. A similar announcement appears on the

Department of Economic Development’s website, along with an e-mail address

(which appears on the site as a live link) and a phone number for the contact

person. On the state Department of Transportation job application page,

applicants with “special needs addressed by the Americans with Disabilities

Act” are instructed to call their local DOT office or the main office.

! The front page of New Hampshire’s employment application declares that

discrimination based on several characteristics, including “physical or mental

disability,” is strictly prohibited. The application informs individuals that it is

available in modified formats for persons with disabilities, and that special

testing arrangements can be made on request to the Division of Personnel’s

Examinations Section.
7

See 42 U.S.C. § 12112(b)(5)(A); 29 C.F.R. Part 1630, app. § 1630.2(o).

8

See 42 U.S.C. § 12112(d); 29 C.F.R. § 1630.13.

11

! The promotional materials for “Utah Job Match,” the state’s online application

system for state jobs, as well as the homepage of the system itself,

http://www.statejobs.utah.gov, contain a very prominently displayed message

advising in part that, “[t[he State provides reasonable accommodations to the

known disabilities of individuals with disabilities in compliance with the ADA.”

The message also provides the voice and TTY phone numbers to call in order

to request accommodation.

C. Interviews

The interview process is an applicant’s opportunity to convince the employer that he or

she is the best qualified person for the job. The ADA seeks to ensure that this is as true for

people with disabilities as for all other applicants. The law requires that reasonable

accommodations be made for the application and interview process,7 such as conducting the

interview somewhere that is accessible to a person in a wheelchair or providing a sign

language interpreter for someone who is deaf. The ADA also seeks to ensure that applicants

with disabilities are evaluated solely on the basis of their qualifications. Consequently, the

law prohibits employers from asking about an applicant’s disability before a job offer has

been made.8

These legal protections, however, are insufficient if individuals involved in the interview

process are unaware of them. The following are some steps that states have taken to make

their employment interview processes effective for people with disabilities. 

! Florida’s Agency for Health Care Administration requires that all managers and

supervisors receive ADA training that includes specific information about how

to prepare job descriptions and conduct job interviews of applicants with

disabilities. The Administration requires that all personnel be sensitized to

issues that might arise during the application process. Thus, receptionists who

work for the Administration are trained to be aware of communication and

physical access issues that might arise if they come into contact with job

applicants who have disabilities. 

! Florida’s Department of Transportation requires that hiring managers and

supervisors, as well as interview panel members, receive ADA training

addressing interviewing and development of position qualifications (i.e.,

knowledge, skills, and abilities required for specific positions). Florida’s

Department of State reported that it includes information about the ADA as

part of its general hiring procedures.
12

! Kansas requires that agency personnel involved in recruitment and selection be

given training on the ADA’s requirements regarding pre- and post-offer

disability-related inquiries.

! In its Structured Interview Guidelines, the Maryland Aviation Administration

includes a section that specifically discusses individuals with disabilities and the

interview process. Among other things, the Guidelines:

C remind managers and supervisors that they may need to modify the

“standard” interview process as an accommodation for applicants with

disabilities;

C instruct human resources personnel to ask all applicants whether they

will need reasonable accommodations for the application process at

the time an interview is scheduled;

C remind hiring officials that individuals with disabilities may not be

excluded from jobs because they cannot perform marginal functions;

and 

C offer examples of common accommodations that might be requested as

part of the application and interview process.

! As part of its training on interviewing techniques, New Hampshire includes a

section on the federal employment discrimination laws. This includes

highlighting certain ADA issues, such as the need to ensure that notices about

these laws be accessible to persons with disabilities affecting vision and

reading.

! Vermont provides hiring officials and personnel officers with a reference guide,

People with Disabilities, Employment and the Workplace, that includes

information on the ADA, interviewing techniques and etiquette, suggestions on

interacting with individuals with specific disabilities, a discussion of reasonable

accommodation, and resources. Most of this information is also posted on the

Vermont Department of Human Resources’ website,

http://www.vermontpersonnel.org.

! The University of Washington and the State of Vermont provide hiring officials

with contact information for individuals and agencies in the state that can assist

with issues concerning accommodations for the application and interview

process. The University of Washington’s Selection and Hiring Tools Reference

also informs hiring officials about the need to make reasonable

accommodations during the interview process and includes a section
13

discussing interviewing courtesies for job applicants with specific kinds of

disabilities. 

D. Mentoring

Mentoring programs offer students with disabilities information about employment

opportunities and access to positive role models. The American Association of People with

Disabilities and the U.S. Department of Labor’s Office of Disability Employment Policy cosponsor National Disability Mentoring Day every October, as part of National Disability

Employment Awareness Month. In 2001, Kansas replicated this effort at the state level, and

Vermont and Maryland did so in 2003. Following are descriptions of how Maryland and

Vermont have used Disability Mentoring Day specifically as an opportunity to encourage

individuals with disabilities to work for the state.

! In Maryland, participants in Disability Mentoring Day are recruited from the

state Division of Rehabilitation Services, the state Workforce and Technology

Center, and field offices in the Baltimore metropolitan area and assigned for

the day based on each individual’s training area and/or career interest. In

addition to accompanying their assigned mentor in workday activities, all

participants attend two informational workshops, entitled “Applying for State

Employment” and “Taking State Examinations.”

! Vermont’s Disability Mentoring Day is intended to inspire a year-round effort to

promote mentoring opportunities for individuals with disabilities and enables

job seekers with disabilities to spend time visiting a business or government

agency that matches their interests. State employees provide one-on-one

mentoring and job shadowing to job seekers to help them evaluate personal

goals, target career skills for improvement, explore possible career paths, and

perhaps develop lasting mentor relationships.

For more information about states’ participation in National Disability Mentoring Day, see

Section IV.E, below.
14

PART II: REASONABLE ACCOMMODATION

A. Reasonable Accommodation Procedures

The ADA requires covered employers to provide reasonable accommodations to the

known physical and mental limitations of qualified individuals with disabilities. One way that

an employer can promote compliance with this obligation is to have in place procedures that

clearly define the responsibilities of everyone involved in the reasonable accommodation

process and that enable tracking and prompt resolution of accommodation requests. The

following subsections detail various ways in which the subject states ensure that requests for

reasonable accommodations are handled appropriately. 

1. Reasonable Accommodation Procedures

Our survey revealed essentially four models used to promote prompt processing of

reasonable accommodation requests. This report does not endorse a particular model. The

choice of how to provide a reasonable accommodation depends on such factors as the size

of a state’s workforce, the structure of its personnel system, and the familiarity of the

individuals involved in the accommodation process with their legal obligations.

! Statewide Written Policy and Procedures: Vermont has developed a statewide

Reasonable Accommodation Policy with attending procedures which carefully

outline the reasonable accommodation request and appeal process. It

requires that a copy of the policy and procedures be provided to all newlyhired state employees. In addition, this information is posted on the Vermont

Department of Human Resources’ website, http://www.vermontpersonnel.org,

under the “Workforce Equity and Diversity” section.

! Agency Written Procedures Subject to Review by the State: As early as 1993,

the Governor of Washington issued an Executive Order requiring all agencies

or institutions with fifty or more employees to develop written reasonable

accommodation procedures. Each agency and institution submitted its

procedures to the Governor's Affirmative Action Policy Committee for review

and approval.

! Agency Discretion to Adopt Procedures; No Review by the State: Florida and

Kansas employ this model.

C For example, the Florida Department of Children and Families’

reasonable accommodation procedures empower supervisors to

provide the accommodation requested or one that is equally effective,

but require them to refer the request to the human resources

department if they believe the requested accommodation would change

the nature of the employment. These procedures also require the
15

human resources offices to notify applicants and employees in writing

about the action taken on their request.

C Many Kansas agencies have incorporated procedures into their

“reasonable accommodation forms.” Managers are reminded of the

steps they must take as part of the reasonable accommodation process

and who to contact for assistance. For example, the Kansas

Department of Social and Rehabilitation Services requires that

managers identify the specific limitations resulting from a disability that

require accommodation. The form also provides an example. In this

way, the form helps to ensure that managers ask questions if the precise

nature of the limitation is unclear.

! Training and Centralized Control of Accommodation Decisions Without Specific

Written Procedures: The Utah Department of Human Services (DHS) chose to

use a highly centralized system wherein management is directed to contact the

ADA Coordinator in the DHS Human Resources office immediately regarding

any and all accommodation requests. The ADA Coordinator works with the

employee to determine what accommodation is needed, and works with

management to implement any accommodation granted. The Utah DHS uses

this system instead of providing detailed reasonable accommodation

procedures to managers and supervisors. DHS reports that it believes this

more centralized approach fosters confidentiality, facilitates agency-wide

consistency, and minimizes the possibility of imposing inappropriate discipline

for "disability-based" conduct. 

2. Timelines

The ADA does not prescribe a specific time frame within which reasonable

accommodations must be provided; however, accommodations must be provided without

undue delay. The amount of time necessary to provide an accommodation may depend on

factors such as the nature of the accommodation, the complexity of the decision-making

process (e.g., whether a disability is obvious or must be determined by reviewing medical

documentation), and the difficulty of providing the accommodation (e.g., whether it involves

a simple modification of a policy or the acquisition of equipment). 

Despite the various factors that may affect the length of time needed to provide an

accommodation, the use of timelines in reasonable accommodation procedures emphasizes

the importance of prompt processing of accommodation requests, promotes accountability of

those involved in the accommodation process (including the requester), and serves as a guide

for assessing, and where necessary, revising procedures. 

Two states – Florida and Kansas – reported to us that at least some of their agencies

have reasonable accommodation procedures that include timelines. For example, the
16

Florida Department of Education requires division directors to notify the ADA Coordinator of

all requests for reasonable accommodation within two business days. The Kansas

Department of Social and Rehabilitation Services requires a decision within 30 calendar days

of the date on which an accommodation was requested.

3. Denial of Reasonable Accommodation

Not every requested accommodation can or should be granted. However, an

employer can minimize the chance that an accommodation will be inappropriately denied by:

(1) establishing procedures that ensure the denial has been properly reviewed and can be

justified; and/or (2) providing employees with an opportunity to have an initial denial

reviewed. 

! Florida’s Department of State’s Reasonable Accommodation Record requires

managers to explain, among other things, why an accommodation was not

provided and requires that denials be submitted to the Department’s Bureau of

Human Resources prior to denying the accommodation. This helps ensure that

denials are properly justified and all possible accommodations have been

considered. 

! Utah ADA Coordinators are trained to notify the State Division of Risk

Management before denying any request for accommodation so that it may

review the proposed denial for legal sufficiency. To provide additional

incentive to ADA Coordinators to complete this step, the Utah state

administrative rules governing risk management expressly exclude liability

coverage for any covered entity (e.g. all school districts, all state colleges and

universities, and all state agencies) on any failure to provide accommodation

claim under the ADA or Section 504 of the Rehabilitation Act unless the

covered entity has: (1) notified Risk Management of its preliminary intention

not to provide the requested accommodation, and (2) allowed Risk

Management a reasonable opportunity to consult with the covered entity

before denying the requested accommodation. 

! Vermont has created a Reasonable Accommodation Committee (RAC),

consisting of six members from various state departments and agencies, to

review department or agency requests for reasonable accommodation and

provide an “advisory opinion” as to whether an accommodation should be

granted. Any employee who is dissatisfied with a department’s or agency’s

response to a reasonable accommodation request may file an appeal with the

RAC. The RAC conducts a review to analyze a job’s essential functions,

reviews medical documentation and the individual’s suggested

accommodation(s), determines whether a requested accommodation would

pose an undue hardship, and investigates other possible accommodations.
17

! The statewide policy in Washington requires an agency to provide evidence

supporting its decision to deny a reasonable accommodation (e.g., evidence

that shows why an accommodation would result in undue hardship). A denial

of an accommodation must be signed by the head of the employing agency or

his/her designee. An agency that wants to deny an accommodation for reasons

related to cost should consider whether resources are available from other

sources within the state government. (See Part II.A.4, below.) 

4. Documenting and Tracking Requests for Reasonable Accommodation

Documenting and tracking information about reasonable accommodation requests 

can help employers evaluate their performance in responding to them and implement

measures to improve performance where necessary. Among other things, documenting and

tracking may enable a state agency to determine how long it takes to respond to requests for

different types of reasonable accommodations; whether there are particular types of

reasonable accommodations that the employer has been unable to provide; whether there

are agency components that have not granted requests for reasonable accommodations; and

the reasons for denials. Where, for example, there have been repeated delays in the

processing of reasonable accommodation requests, an agency can investigate the reasons

for the problem and take steps necessary to correct it.

It may be helpful to document the request for accommodation and the steps taken in

response to the request. 

! Although requests for reasonable accommodation do not have to be made in

writing, agencies in two states – Florida and Washington – use forms to ensure

accuracy in handling a request. Florida’s Department of Transportation’s form

prominently includes the toll-free phone and TTY number for the Job

Accommodation Network (JAN), http://www.jan.wvu.edu (800-526-7234),

and requires managers to indicate whether they contacted JAN. This reminds

managers of important resources available to help with the accommodation

process.

! The New Hampshire Department of Education, when providing reasonable

accommodation, provides a letter from the Human Resources Administrator

that sets out every element of the accommodation. With respect to more

complex accommodations in particular, such a letter makes clear to both the

employee and employer what is and is not being provided, the employer’s

expectations for satisfactory completion of work, and a basis on which the

effectiveness of the accommodation can be evaluated. A sample letter from

New Hampshire granting a request to work at home as a reasonable

accommodation illustrates the kind of specific information included. Among

other things, the letter notes: (1) the reasons that working at home was found

to be an appropriate accommodation, including alternatives that were
18

considered; (2) the number of hours the employee must work each day; (3) the

equipment that the agency and employee will be responsible for providing; (4)

a requirement that the employee be available by telephone during working

hours; and (5) the extent to which the employee must come to the worksite or a

location other than the home to meet with agency personnel.

! The Utah Department of Human Services, Office of Human Resources (DHSHR) keeps logs of every approval of an accommodation request as well as

copies of all denial letters. This information is reported to the Director of the

DHS HR. In addition, Utah ADA Coordinators are trained to track

accommodation request information by preparing the following, based in part

on documents they receive during their training: (1) a letter to the requestor if it

is determined he or she is not an individual with a disability; (2) a

memorandum to the requestor’s manager if it is determined that even though

the requestor is not an individual with a disability some action should be taken;

(3) a memorandum to the requestor’s manager if it is determined that the

requestor is an individual with a disability necessitating accommodation; and

(4) a letter to the requestor if it is determined that no accommodation is

possible within his or her current position, or no vacant position exists for which

he or she is qualified with respect to reassignment.

Two states reported on measures undertaken to identify the extent to which

accommodations were granted or denied.

! In fiscal year 2001, various Maryland agencies began tracking annual

statistical information regarding the provision of reasonable accommodations

to state government applicants and employees. By fiscal year 2003, nineteen

state agencies participated in tracking and reporting this data, which was

included in the annual “Statewide Equal Employment Opportunity Report.”

The data collected reflects the number of accommodation requests received

from applicants and from employees, how many of those requests were

granted and denied, and how many remain pending. 

! In 2003, the Vermont Department of Personnel and the Division of Vocational

Rehabilitation commissioned the University of Vermont's Center for Rural

Studies to conduct a survey of classified state employees concerning disability

and diversity issues in the workplace. The survey was mailed using stratified,

random sampling, and resulted in a response rate of 45%, for an overall

sample size of 1,443. Among other things, the survey revealed that:

C Approximately 17% of state employee respondents identified themselves

as having a disability within the meaning of the ADA, closely matching

2000 Census results for the general population in Vermont. 
19

C Of those self-identified disabled state employees, 45% said that their

disability had started before they came to work for the state, and 68%

said that their primary disabling condition was physical. 

C More than half of the 38% who indicated that they had requested

accommodations responded that they had no problems receiving them,

and of the few who encountered problems, 25% received

accommodations other than the ones they had requested. Only 3%

ever felt that they had been discriminated against in the workplace

based on their disability, either by other state employees or by the

public.

5. Centralized Funding for the Cost of Reasonable Accommodations

The ADA does not require a statewide source for funding reasonable

accommodations. However, a centralized funding source may promote the hiring of people

with disabilities by removing disincentives that result from concerns that the cost of reasonable

accommodations will be charged against the budgets of individual offices, departments, or

agencies. Such a funding scheme makes sense, moreover, because the ADA would likely

require assessment of whether the cost of a particular accommodation would pose an undue

hardship in light of the resources available to an entire state agency or potentially to the state

as a whole.

None of the states we surveyed appear to have a statewide mechanism for funding

reasonable accommodations. However, two states – Utah and Washington – reported

promising practices that allow individual state agencies to draw upon resources in addition to

their own budgets to pay for at least some accommodations.

! While the Utah Division of Risk Management expects each state agency to pay

for its own costs of providing accommodations to applicants and employees,

the Division periodically helps defray some or all of these costs on request from

individual agencies that can demonstrate they do not have the resources to

cover the costs of a particular accommodation. The Division has used this

system to help fund technological equipment purchases as well as structural

modifications to facilities. 

! Established by the legislature in 1987, Washington’s Department of

Personnel’s Disability Accommodation Revolving Fund is used to make

unanticipated worksite modifications for which an agency or institution does

not have the financial resources. The funds can be disbursed within two weeks

after they are requested.
9

See 42 U.S.C. § 12112(d)(3)(B), (C), and (4)(C); 29 C.F.R. § 1630.14(b)(1), (c)(1), and (d)(1).

20

6. Ensuring the Confidentiality of Medical Information

The ADA requires that all medical information obtained from an applicant or

employee be kept separate from personnel files and treated as a confidential medical record. 

Disclosures of confidential medical information are permitted only in very limited

circumstances, including to supervisors and managers in connection with work restrictions or

necessary accommodations.9

The effectiveness of an employer’s reasonable accommodation procedures depend to

a great extent on the ability to ensure individuals with disabilities that confidentiality of their

medical information will be maintained. Applicants or employees (particularly those with

hidden disabilities) may be more likely to ask for an accommodation if they know that

information they disclose to support their requests will not be shared with co-workers or with

other individuals who do not need the information.

Utah reported promising practices to ensure compliance with the ADA’s confidentiality

requirements:

! The Utah state government has developed a warning notice that is included on

various documents subject to the ADA confidentiality provision, such as

memoranda from the ADA Coordinator to a supervisor advising that an

accommodation has been granted and should be provided. The notice states:

“This memorandum must not be placed in a personnel file or co-mingled with

personnel records. It is subject to the protections articulated in the Americans

with Disabilities Act . . . .”

! Additionally, Utah’s statewide Department of Human Resource Management

Rule 2-5, “Records,” specifically provides that all state agencies shall maintain

a separate file from the personnel file if the agency obtains any confidential

employee medical information, including “all written and orally obtained

information pertaining to medical issues, including Family and Medical Leave

Act forms, medical and dental enrollment forms which contain health-related

information, health statements, applications for additional life insurance, fitness

for duty evaluations, drug testing results and any other medical information.” 

Employees who violate these confidentiality requirements are subject to state

disciplinary procedures.
10Reducing workers’ compensation costs also is listed as a goal of the program.

21

B. Innovative Accommodation Solutions

The following section discusses the ways that some states may exceed the ADA’s

reasonable accommodation obligation, as well as numerous methods for promoting the

provision of accommodations required by the law.

1. Measures that Exceed ADA Obligations

Although state employers are required to provide reasonable accommodations only to

qualified individuals with disabilities, taking measures that go beyond this legal obligation

may make sense under certain circumstances. For example, providing an accommodation so

that someone with a temporary, non-chronic condition of short duration can continue

working may enable an employer to benefit from the employee’s continued productivity on

the job and save the employer costs (such as workers’ compensation) of having the employee

out of work. Temporary accommodations may enable a worker who has made a request for

reasonable accommodation under the ADA to continue working while a final determination

of whether to grant or deny the accommodation is being made. A state might even

determine that accommodating individuals on a longer-term basis who do not technically

meet the ADA’s definition of “disability” is preferable to losing a valuable worker.

! Some Kansas state agencies have chosen to go beyond the requirements of

the ADA reasonable accommodation obligation. For example, the Kansas

Department of Social and Rehabilitation Services’ Human Resource Policy

states that the agency is committed to providing accommodations to

individuals with temporary or short-term disabilities which are not covered by

the ADA. The agency defines “temporary” as lasting no more than 90 days.

! Missouri’s Office of Administration (OA) has implemented an Early Return to

Work program. The goal of the program is to facilitate the return to work of

employees who are injured or contract an occupational disease in the course

and scope of employment with the Office.10 Under the terms of the program

as set forth in an OA policy statement, employees will be placed in “temporary

modified duty assignments during the course of the recovery to perform duties

consistent with temporary limitations.” The program states that modified

assignments will last no more than three months, although longer assignments

are possible in exceptional circumstances. Employees participating in the

program retain their current position and job classification, continue to receive

their current salary and benefits, and maintain their seniority, layoff, and other

similar rights.
22

! Washington’s Department of Personnel’s website has “Diversity Chat,” a series

of articles addressing reasonable accommodation issues under the ADA and

showing how Washington state law exceeds federal requirements.

2. Accommodation Solutions Related to Assistive Technology

! Missouri’s Office of Administration encompasses the Missouri Assistive

Technology (MAT) program. The program offers assistance to state agencies

that have hired or may consider hiring disabled individuals. Specifically, the

MAT operates the Equipment Technology Consortium a short-term assistive

technology equipment loan program for Missouri state agencies. Under the

program, agencies can borrow equipment on behalf of individuals with

disabilities to try out the equipment before purchasing, for use during the time

equipment is in repair, or for other short-term needs. 

! In Washington, the Department of General Administration (GA) has established

a central pool of assistive technology. Agencies and institutions may borrow

equipment from the pool. To reserve equipment, such as assistive listening

systems for people with hearing impairments, agencies simply call GA at least

a week prior to the event. 

! The Braille Access Center is a program set up by the Washington State

Department of Corrections, Department of Printing and the Washington State

School for the Blind that uses inmate labor to transcribe materials into Braille.

! A State Taping Center was developed at Central Washington University

to provide all state agencies and institutions with the capacity to produce audio

versions of print materials.
11In 2001, the President’s Committee on the Employment of People with Disabilities became part

of the Department of Labor’s Office of Disability Employment Policy.

23

PART III: PROTECTING THE RIGHTS OF INDIVIDUALS

WITH DISABILITIES ON THE JOB

Employers must make sure that, once hired, individuals with disabilities have the tools

they need to succeed and the same opportunities for advancement as other employees. In

addition to practices specifically designed to provide opportunities for advancement, this part

also considers how periodic training can work to prevent discrimination. 

A. Activities That Specifically Promote the Retention and Advancement of Employees

with Disabilities

The Maryland Aviation Administration specifically addresses in its bi-annual supervisory ADA training the issue of how to promote career development for individuals with

disabilities. Using the publication “Career Development for Persons with Disabilities,”

produced in 2000 by the President’s Committee on Employment of People with Disabilities11

and available online at www.dol.gov/odep/pubs/ek00career.htm as a resource, the training

addresses topics such as:

! discussing career expectations with each employee;

! evaluating the employee’s interests, talents, and skills, and developing

appropriate goals;

! encouraging lateral movements, job rotations, and team assignments that will

give employees problem-solving skills and leadership opportunities;

! facilitating networking by including individuals with disabilities in formal

workgroups and informal employee gatherings;

! encouraging mentoring;

! ensuring training opportunities, and 

! emphasizing an employee’s responsibility for self-development. 

B. Training

Most of the states we surveyed indicated that training on the ADA is provided for

managers and supervisors either on a statewide or agency-wide basis. Section I.C, above,

identifies some of the training states provide on the recruitment and hiring process. The
24

following are a few examples of more comprehensive training specifically on issues

concerning disability and employment.

! In Kansas, some state agencies have developed comprehensive training

curricula for managers which emphasize practical approaches to dealing with

ADA issues. Certain agencies also recognize the need for advanced training

that focuses on specific issues. For example, the Kansas Department of Social

and Rehabilitation Services has developed advanced ADA training addressing

complex issues involving reasonable accommodation, essential functions,

confidentiality, mental disabilities, and alcoholism and drug addiction. The

training also provides an “Essential Function Flow Chart” to make it easier for

managers to determine whether a specific function is essential.

! The Maryland Department of Transportation has produced a flyer, “ADA,

MDOT, and You,” that is given to all new employees at orientation. The flyer

explains ADA reasonable accommodation obligations and explains that the

ADA prohibits interference, coercion, intimidation, or retaliation against

individuals exercising their ADA rights. New hires are also provided with a

detailed flyer explaining how to receive and make telephone calls using the

Maryland Relay system.

! In 2001, the Maryland Department of Budget and Management sponsored an

ADA “Train the Trainer” Conference, the purpose of which was to provide ADA

training by state and federal ADA expert trainers that could then be replicated

by the conference attendees on a large scale and an ongoing basis for 

managers and supervisors at their own state workforce locations. 

Approximately 275 state agency representatives, including ADA Coordinators,

Fair Employment Practice Officers, Employee Assistance and Employee

Relations Personnel, EEO Officers, Human Resources Managers, Recruitment

and Examination Managers, and Training Officers attended. In addition to

information about a wide range of ADA topics, the conference also included

training on disability etiquette and sensitivity issues to raise consciousness

about common missteps in interacting with individuals with disabilities. 

! In 1997, the Maryland Department of Budget and Management issued a

reference booklet, entitled The Americans with Disabilities Act and Employment

Guidelines, to all ADA coordinators statewide. The booklet provides a concise

overview of a variety of ADA statutory and regulatory terms.

! The Maryland Aviation Administration ADA training for supervisors includes

distribution and discussion of the EEOC Technical Assistance Manual on Title I

of the ADA, as well as various Department of Labor publications, available at

http://www.dol.gov/odep/pubs/publicat.htm, addressing how to prepare for

and conduct an effective job interview consistent with the ADA, making
25

management decisions about accommodations, and examples of

accommodation problems and solutions. 

! The Utah Department of Human Services provides periodic detailed training to

ADA Coordinators statewide and training for supervisors. One of the most

significant topics addressed in the training is the relationship between the ADA,

the Family and Medical Leave Act, and workers’ compensation law. Utah ADA

Coordinators are also given formal training on tips and best practices, followup, and paperwork associated with handling requests for accommodations.

! Beginning in 1992, the Governor of Washington sponsored several full-day

training sessions on the ADA and provided operating funds for a team of ADA

trainers that conducted customized training for small to large groups

throughout state government. The Governor's ADA Coordinator, Governor's

Committee on Disability Issues and Employment and the Attorney General's

Office jointly developed and presented a series of nine, half-day training

sessions on such topics as: reasonable accommodation and undue hardship;

essential functions; direct threat; medical examinations and disability related

inquiries; ADA, worker's compensation, and the Family and Medical Leave Act;

disciplinary actions and terminations under the ADA; and accommodating

people with psychiatric disabilities. This series was repeated three times from

1994 through 2000, with an average attendance for each training session of

more than 100 state employees, predominantly supervisors or human resource

specialists.

Some training on disability has been incorporated into training on diversity issues

more generally.

! Florida’s Agency for Health Care reported that its cultural diversity training

(required for all supervisors) has been expanded to include disability and

explores issues about workers’ potential discomfort relating to people with

disabilities. 

! Information about individuals with disabilities is included as part of diversity

training initiated by Vermont Governor Jim Douglas. The Governor offered

this training first to his Extended Cabinet and then throughout the leadership

team within state government. The program reinforces the value of an

engaged, diverse workforce and sets standards of accountability. 
26

PART IV: OTHER BEST PRACTICES THAT PROMOTE

THE EMPLOYMENT OF PEOPLE WITH DISABILITIES

All of the states we surveyed undertake a number of practices, in addition to

traditional vocational rehabilitation services, to promote the employment of people with

disabilities in both the public and private sectors. The following sections describe some of the

most significant practices, including legislative and executive action, internships, and

public/private partnerships. 

A. Legislative and Executive Actions

! During its 2004 session, the Florida legislature created a new agency within

the state called the Agency for Persons with Disabilities. The agency's mission

is devoted entirely to helping persons with developmental disabilities enhance

their quality of living through, among other things, improved housing,

employment, and transportation opportunities. The agency will also focus on

ways to use public funds more efficiently and effectively. 

! Under Executive Order 04-62, Florida created a Blue Ribbon Task Force on

Inclusive Community Living, Transition, and Employment of Persons with

Developmental Disabilities. The Task Force is charged with coordinating the

provision of transition services statewide for students with developmental

disabilities as they leave school and attempt to gain employment. The Task

Force also wants to expand and improve competitive, integrated employment

opportunities for individuals with developmental disabilities. On December

15, 2004, the Task Force submitted a report to the Governor on achieving

these objectives, including 86 recommendations for legislative or regulatory

action, and a semi-annual progress report on implementing these

recommendations was submitted on July 15, 2005. The reports and

information about Task Force activities are available at

http://apd.myflorida.com/.

! Also by executive order, Florida established the Americans with Disabilities Act

Working Group to provide information and technical assistance to state

agencies and people with disabilities on the requirements of the ADA,

including its employment provisions. The Working Group provides

individualized assistance to state agencies seeking practical information on

how to comply with the ADA’s employment provisions. Applicants for state

jobs and state employees also can use the Working Group’s services to clarify

their rights and responsibilities under the ADA. A subsequent executive order

added a clearinghouse to the Working Group’s mandate, the purpose of

which is to make information on disability resources and services more easily

obtainable. The clearinghouse also provides information on job opportunities,

including jobs with state agencies.
27

! State legislation enacted in Maryland elevated the former Governor’s Office

for Individuals with Disabilities to cabinet-level status. Established on July 1,

2004, the Department is charged with overseeing the implementation of

funding and services for persons with disabilities and facilitating state

compliance with federal requirements such as the ADA.

! The New Mexico State Use Act opens up state service contracts to persons with

disabilities, including contracts to provide service to the state as business

owners and entrepreneurs. The State Use Act also enhances the ability of the

Division of Vocational Rehabilitation and the Commission for the Blind to

purchase products and services that are needed for individuals with disabilities

receiving vocational rehabilitation services.

! In Vermont, the Governor’s Workforce Equity and Diversity Council (GWEDC)

was created by Executive Order to lead the state’s efforts in the areas of

affirmative action and diversity by acting as a consultant and advisor to the

Commissioner of Human Resources and the Secretary of Administration. The

mission of the GWEDC calls for a greater focus on supporting a workplace

culture that promotes equitable treatment for all and the value of workplace

diversity. The Council, consisting of representatives from designated state

entities, the state employees union, and ten members appointed by the

Governor, includes strong representation from the disability community. 

! The Governor of Washington established the Washington State Governor's

Task Force on Employment of Adults with disabilities, which brings together

business leaders, legislators, program and policy staff, and disability

community advocates to create a coordinated and aggressive state policy to

bring adults with disabilities into gainful employment at a rate as close as

possible to that of the general public. Outcomes achieved by the Task Force

include:

C creation of a clearinghouse that provides employers with a single point

of contact for recruiting applicants who have disabilities and for

technical assistance;

C enactment of a Medicaid buy-in for workers with disabilities with a high

income cap (450% of federal poverty level, in gross income) and no

asset test;

C creation of broad-based partnerships and continuing coordination

around such issues as implementation of the Ticket-to-Work program

and improving access, services and outcomes for people with

disabilities under the Workforce Investment Act; and 
28

C a Careers Day program, developed and funded by Microsoft, for high

school students with disabilities, their teachers, and parents.

B. Access to Information and Assistive Technology

The efforts that several states have undertaken to provide individuals with disabilities

access to information communicated on state agency websites, and to provide access to

assistive technology are noteworthy. Three states – Florida, Kansas, and New Hampshire –

have taken significant steps to ensure a level of accessibility of state websites that meets or

exceeds the level of accessibility required of the federal government under Section 508 of the

Rehabilitation Act. Section 508 requires that all electronic and information technology

purchased, maintained, or used by the federal government be “readily accessible to and

usable by individuals with disabilities” unless this would cause “undue hardship.” This

commitment will assist applicants with disabilities in using websites to learn about and apply

for jobs with state agencies, current state employees with disabilities who use assistive

technology to do their jobs, and individuals with disabilities looking for resources related to

employment in both the public and private sectors. The Brown University Center for Public

Policy’s annual study of state and federal e-government found that Kansas has the second

highest percentage of accessible web sites for people with disabilities, and that New

Hampshire ranks fourth.

C. Internship Programs

The Maryland Department of Budget and Management sponsored the Governor's

QUEST Internship Program for Persons with Disabilities. Initiated in 2000, the program

provides three-month internships in state government, with the possibility of an extension.

QUEST, which stands for “Quality, Understanding, Excellence, Success, and Training,” is a

training/learning experience for customers of the state’s Department of Rehabilitation

Services, designed to enhance the participants’ knowledge, skills, and abilities while working

at a state agency. The internship program has included positions such as Communications

and Marketing Trainee, Activity Therapy Aide, Graphics Assistant, Dietary Worker, Fiscal

Accounts Clerk, Medicaid Program Associate, Maintenance Assistance, Office Clerk, Junior

Accountant, Computer Information Services Specialist, Parole & Probation Caseload Aide,

Residential Program Advisor, Buyer’s Clerk, Real Estate Administrative Assistant, Publications

and Community Relations Trainee, Payroll Clerk, and Personnel Associate.

QUEST interns receive a $3,000 stipend. While there is no implied offer of

employment to participants beyond the volunteer period, a number of past interns have

applied for and been placed into positions based on the experience gained in their

internship. The state reports that approximately 50% of all past QUEST interns are presently

employed in their target job areas in either private or public sector positions. 
29

D. Public/Private Partnerships

Three states – Florida, Missouri, and Vermont – identified partnerships they have with

business and/or community organizations to promote the employment of individuals with

disabilities. 

! Florida has established the Able Trust, also known as the Florida Governor’s

Alliance for the Employment of Citizens with Disabilities, a 501(c)(3) publicprivate partnership foundation. Since its establishment, the Able Trust has

awarded over $16 million to individuals with disabilities and nonprofit

agencies, and helped approximately 2,000 individuals with disabilities annually

to enter the workforce. Among the projects supported by the Trust are: on-thejob coaching, supported employment, job skills-training, job development,

employer outreach, and ADA facility compliance. 

! The Missouri Governor’s Council on Disability has worked with several large

employers in encouraging mentoring and job shadowing by persons with disabilities in private sector jobs. The Council also has worked with other state

agencies to hold several “Disability Resource Expos,” which brought state

rehabilitation agencies, schools, providers of medical equipment and assistive

technology, and employers together so that future employees and employers

could share information and make an employment match.

! The Vermont Governor’s Summit on Employment of People with Disabilities

brings together key stakeholders (e.g., state departments, business leaders, and

community organizations) to plan and deliver discussions on current issues

relating to employing people with disabilities. Previous summits have

addressed: key issues and concerns facing job seekers with disabilities; barriers

to transportation; mental illness; and youth and transition to work.

! The Business Leadership Networks (BLN) in Florida and Vermont are dedicated

to assisting businesses and organizations in the recruitment, hiring, training and

retention of people with disabilities and in diversifying their customer base to

include people with disabilities. BLNs provide businesses with a means of

communicating with one another about best practices and successes that they

have had in hiring qualified individuals with disabilities. Further information on

the Florida BLN is available at http://www.myabilities.org. 

E. Other State Actions That Promote the Employment of People with Disabilities

! The Florida Freedom Initiative (FFI) is a demonstration project that aims to

reduce disincentives to work by allowing recipients of Medicaid and

Supplemental Security Income (SSI) to work and save money while continuing

to receive vital benefits. Florida has received a waiver from the Social Security
30

Administration allowing FFI participants to earn significantly more than the law

generally permits before their benefits will be reduced. Additionally, FFI

participants may save up to $10,000 annually to purchase, lease, or modify a

home; to purchase, lease or maintain a car; to obtain additional education; or

to purchase or expand a small business (called a “microenterprise”) without

losing benefits. More information about the FFI is available at

http://apd.myflorida.com/ffi.

! Florida adopted a five-year initiative in 2003 to expand the state’s

Developmental Disabilities Program’s emphasis on employment. The Program

will divert 25% of people receiving Adult Day Training Services into competitive

employment opportunities. The initiative seeks to move away from an

emphasis on “prevocational training,” which in practice delays or defers

employment, in favor of learning through on-the-job training and workplace

experience.

! Florida’s Able Trust (see Section IV.D, above) sponsors twenty High

School/High Tech programs throughout the state with plans to implement ten

new sites by the end of 2005. Through the High School/High Tech program,

students are encouraged to set their sites on college and a career in the fields

of science, technology, engineering or math. Students with disabilities enrolled

in High School/High Tech sites across Florida take field trips to science and

technology-related businesses and attractions and receive on-the-job

experiences through job shadowing and internships. More than 90 percent of

Florida High School/High Tech graduates have enrolled in post-secondary

education or training.

! Florida served as the national kickoff site for Disability Mentoring Day (DMD)

2005, on October 19. Governor Jeb Bush served as the Florida DMD

Honorary Chair. Across the state, over one-hundred educators, service

providers and state agency representatives volunteered as Community Liaisons

to match students and job seekers with disabilities with business mentors for

on-site job shadowing activities. Nearly 1,000 Florida students with disabilities

were mentored by business professionals, elected officials and corporate

executives in nearly thirty cities across the state.

! Since 1999, the Maryland Department of Budget and Management and

Department of Disability (formerly the Governor's Office of Individuals with

Disabilities) have co-sponsored the Disability Employment Workgroup. Its

stated purpose is to develop innovative ways to increase employment

opportunities for individuals with disabilities within state government, and to

ensure low-cost access to high-quality, current information regarding the ADA

for state employees.
31

! Maryland’s “WorkTech” program provides public and private sector employers

with free information, consulting, and training about job accommodation

strategies and the employability of individuals with disabilities. WorkTech

services include a Universal Workplace demonstration site and statewide

information and consulting services.

! The Missouri Governor’s Council on Disability (GCD) provides training on

request for both public and private employers. In 2004, the Council provided

training to the Missouri Office of Administration, the main personnel department in the state, as well as to the Department of Labor and Industrial

Relations. The GCD training generally covers the functions of the Council itself

and the assistance it can provide in addressing the needs of persons with

disabilities. The Council also has provided “sensitivity” training as well as

training on issues associated with employment of persons with mental

disabilities.

! The Missouri Commission on Human Rights, the state agency charged with

enforcing the state’s fair employment practices law, has developed numerous

fact sheets on ADA compliance and posted them on its website. The

Commission also provides ADA training to public and private employers,

including training on “disability awareness.”

! In an effort to increase compliance with the ADA, New Mexico has created a

Consortium of ADA State Agency Coordinators. Led by the New Mexico

Commission on Disability, the Consortium offers ADA Coordinators an

opportunity to meet periodically to share information and correspond more

regularly on an e-mail list. The state believes the Consortium will significantly

increase the ADA Coordinators’ knowledge, status, and effectiveness.

! New Mexico has developed an innovative Medicaid Buy-In program (Medicaid

Category 043) that enables persons who have a disability and who are

working to receive Medicaid despite earning levels that would otherwise make

them ineligible. Also, persons who are on the Medicare 24-month waiting

period and who lost Supplemental Security Income due to the start of Social

Security Disability Insurance benefits can receive Medicaid so that they can

become sufficiently medically stabilized to participate in a vocational

rehabilitation program and have a greater chance of returning to work.

! Vermont has partnered with the Social Security Administration in the Social

Security Disability 1 for 2 pilot project. Under the project SSDI beneficiaries

earning more than the threshold amount for SSDI eligibility will not lose their

entire SSDI benefit. Rather the benefit will be reduced $1 for every $2 the

individual earns over the threshold, thus reducing disincentives to working.
32

! Maryland and Vermont received grants from the U.S. Department of Labor to

establish “Disability Program Navigators.” This pilot program is operated out

of the states’ Career Resource (“One Stop”) Centers. The program is designed

to assist people with disabilities who are seeking training in job skills and who

need help in “navigating” the employment application process and to ensure

that employers have access both to qualified candidates with disabilities and

the disability-related information and resources they need. This program also

provides information on employment support programs, such as the Social

Security Administration’s Ticket-to-Work Program.

! Seven states have established Youth Leadership Forum (YLF) programs for high

school students with disabilities. The YLF is a national program that has been

replicated by more than 25 states. YLF programs in Florida, Kansas,

Maryland, Missouri, Vermont, and Washington annually bring together thirty to

forty high school juniors and seniors to participate in several days of activities

designed to help them develop vocational goals, strengthen leadership skills,

and learn from the experiences of other youth and adults with disabilities.
33

PART V: ISSUES FOR FURTHER EVALUATION BY STATES

The following section details practices that we think may be inadvertent barriers to the

hiring, retention, and advancement of qualified individuals with disabilities in state

government jobs or lead to violations of the ADA. In many instances, the action necessary to

remove a particular barrier will be obvious or may be suggested by some of the best practices

outlined in Section I through IV of this report. This section also proposes some possible

solutions to several of the potential barriers we have identified.

A. Non-Discrimination and Equal Employment Opportunity Policies

! Some states or state agencies fail to post nondiscrimination policies

prominently or have policies that fail to reference all applicable laws that affect

individuals with disabilities (e.g., that mention section 504 of the Rehabilitation

Act but not the ADA). States should ensure that managers, employees, and

applicants are aware of all state and federal non-discrimination laws that apply

to employment, including Title I of the ADA.

! Some equal employment opportunity and affirmative action policies fail to

include disability. In other instances, affirmative action policies mention

disability, but no specific efforts are being made to increase the representation

of individuals with disabilities in the workforce, such as targeted outreach to

organizations of or for individuals with disabilities.

B. Reasonable Accommodation Policies

Our review of state personnel and reasonable accommodation policies disclosed the

following misstatements or omissions concerning the obligation to provide reasonable

accommodation, and statements that may be misapplied and result in the inappropriate

denial of a reasonable accommodation.

! Reasonable Accommodations for the Application Process: States or state

agencies sometimes failed to provide important information about reasonable

accommodations related to the application process, including: (1) a

prominently displayed statement that such accommodations are available; (2)

instructions for what an individual with a disability must do to request a

reasonable accommodation for the application process; and (3) contact

information for applicants who need to request reasonable accommodations

that does not include a TTY number.

! Failure to Mention Accommodations Related to the “Benefits and Privileges of

Employment”: The ADA requires employers to provide reasonable

accommodations that enable individuals with disabilities to enjoy the same

benefits and privileges of employment that are available to other employees. 
34

The benefits and privileges of employment include access to parts of an

employer’s facility that are available to all employees (e.g., cafeterias or break

rooms), as well as participation in employer-sponsored training, services (e.g.,

Employee Assistance Programs), or social functions. States may want to make

it clear that their policies with respect to reasonable accommodations include

providing accommodations related to the benefits and privileges of

employment to ensure that individuals with disabilities will request such

accommodations if needed and to avoid improper denials.

! Limiting Accommodations to Individuals with “Permanent” Conditions:

Reasonable accommodation policies should not limit the availability of

reasonable accommodations to individuals with “permanent” conditions. 

Under the ADA, impairments do not have to be permanent; they can also be

long-term, potentially long-term, or of unknown or unknowable duration.

! Requiring That Reasonable Accommodations Benefit “Other Employees”: A

reasonable accommodation policy should not require an individual with a

disability to justify an accommodation request by providing information about

how the accommodation will benefit other employees and should not instruct

managers or supervisors to seek such information. Although a reasonable

accommodation may benefit someone other than the individual with a

disability who is seeking it, this fact is not legally relevant when assessing

whether an accommodation must be provided. 

! Prohibitions on Working at Home: Working at home is a reasonable

accommodation under the ADA. Policies that generally prohibit telework,

emphasize liability concerns related to allowing employees to work from home,

encourage employees to use leave instead of working at home, and allow

telework only in extenuating circumstances may result in improper denials of

telework as a reasonable accommodation. A state employer may retain a

general policy against telework, but might specifically state in the policy that

telework is available as a reasonable accommodation under the ADA, absent

undue hardship.

! Improper Limits on Reassignment as a Reasonable Accommodation: Some

state or agency policies limit the reassignment search to the employee’s current

agency or to the agencies within his current department, rather than providing

for statewide reassignment.

! Limits on Resources Available to Pay for Reasonable Accommodations: Some

state agencies require that the cost of a reasonable accommodation be paid

by the organizational unit where the employee is located or where the position

is budgeted. This statement is legally inaccurate to the extent it ignores the fact

that the determination of whether the accommodation would pose an undue
35

hardship will be made in light of the budget of the entire state agency and

perhaps the state as a whole. As a practical matter, the statement may serve

as a disincentive for a particular office or organizational unit within a larger

agency to hire someone who requires a reasonable accommodation that will

involve some cost. 

C. Training

Training that contains erroneous, misleading, or ambiguous information can lead

agency managers to violate the ADA. States should ensure that training manuals and

curricula are carefully checked for legal accuracy. Following are some of the legal

inaccuracies we discovered during the course of our review.

1. Training Related to the Hiring Process

! An employer may ask an applicant with a known disability to describe or

demonstrate how he or she would perform a job only when the employer has a

reasonable belief that the person may have trouble performing a specific job

function because of the disability. Training materials should clearly state this

standard and should not state or suggest that an applicant’s known disability is

alone sufficient to justify an employer’s request that the applicant describe or

demonstrate job performance.

! It may be misleading to state that a job offer may be conditioned on passing a

medical examination without also making it clear that the examination must

wait until after a bona fide job offer has been extended. 

! Stating that all post-offer medical examinations must be job-related and

consistent with business necessity under the ADA is not accurate. While this

may be true under some state laws, the ADA permits employers to conduct any

type of medical examination they wish, as long as all individuals entering a

certain job category are given the same examination. States should present

any additional limitations on post-offer medical examinations as state

requirements or best practices, and not as ADA requirements.

2. Training on Reasonable Accommodation

! Instructing supervisors or managers NOT to make long-term “modifications” to

job duties, but only “temporary” modifications for “a short-term illness/injury” 

is legally inaccurate, as is the instruction that accommodations can be

provided “only” for “permanent” substantially limiting impairments. Long-term

modifications, such as elimination of a marginal function, may indeed be

required as a reasonable accommodation if undue hardship cannot be shown. 

Furthermore, reasonable accommodation is required for more than short-term
36

illnesses or injuries, though an impairment need not be “permanent” to qualify

as a disability under the ADA. 

! Statements in some training for state ADA Coordinators that reasonable

accommodations are not available to individuals who have a “record of” or

are “regarded as” having a disability may not accurately reflect the law in the

federal circuit where the state is located or may fail to take account of the fact

that the issue is unresolved in some circuits. 

! Managers should not be instructed to give a medical form to all employees

requesting reasonable accommodation. An employer may request medical

information to support an accommodation request only from those individuals

whose disability and/or need for accommodation are not obvious. 

! Some state training materials instruct ADA Coordinators and management that

an employee seeking reassignment as an accommodation has the burden to

notify the employer of any known vacant position for which he or she is

qualified. The ADA generally assigns to the employer responsibility for

identifying vacancies, while the individual with a disability is responsible for

providing information that might aid the employer in its search, such as

information about qualifications.

3. Sovereign Immunity

! Some states incorrectly train ADA Coordinators or management that the state

cannot be sued for monetary damages. In fact, although the Supreme Court’s

decision in Univ. of Alabama v. Garrett, 531 U.S. 356 (2001), limits the relief

available in ADA employment discrimination suits brought by individuals

against state employers to injunctive relief, the federal government may still

bring suit against state employers under the ADA for monetary relief.
37

CONCLUSION

We are encouraged by many of our findings concerning state best practices aimed at

recruiting and hiring qualified individuals with disabilities. These practices include not only

the establishment of some training and hiring programs specifically for individuals with

disabilities, but more significantly, efforts to increase the number of qualified applicants with

disabilities for jobs available to the general public. Ultimately, however, very limited data is

available concerning the number of individuals with disabilities who applied or were hired for

state jobs as a direct result of many of these measures.

Based on information reported by the states, it appears that individuals involved in the

hiring process have access to more than adequate training on subjects such as interviewing

people with disabilities and preparing job descriptions. The job announcements that we have

examined do not describe jobs in a way that would inadvertently screen out qualified

individuals with disabilities. In fact, many job announcements and job descriptions

specifically reference the availability of reasonable accommodations for the application

process and on the job.

The use of written procedures for providing reasonable accommodations, methods of

documenting and tracking the disposition of requests, and the provision of appeal processes

following denials of reasonable accommodations are also positive trends in some states. 

States that have not done so may wish to consider the adoption of specific timelines for the

provision of reasonable accommodations and use of a centralized funding source for the

provision of more costly accommodations. States might also examine whether it is possible to

use data concerning the disposition of accommodation requests to revise aspects of their

reasonable accommodation procedures. 

With respect to ensuring that individuals with disabilities are treated fairly once they

are on the job, the states we have surveyed appear to offer significant ongoing training on

the ADA and disability issues for managers and supervisors. We are particularly encouraged

that training on disability issues is increasingly becoming part of the states’ diversity programs. 

However, we saw little evidence of mentoring programs or training opportunities specifically

aimed at promoting the advancement of employees with disabilities after they are hired, or

evidence that the states undertake any measures to determine the distribution of employees

with disabilities among the various levels of the state government workforce.

 

Finally, the states we have surveyed have taken a significant number of steps aimed at

increasing the employment of people with disabilities generally. We particularly commend

states for those efforts initiated by legislative or executive action, as this sends a clear

message “from the top” that the employment of people with disabilities is a state priority.
12Missouri Office of Administration, Division of Personnel, 2004 Annual Report 21 (available at

http://www.oa.mo.gov/pers/AnnualRpt.pdf). 

38

APPENDIX A

State Number of 

Employees

Personnel Structure for Job Seekers

Florida 130,000 Florida Department of Management Services

develops state-wide hiring and employment

policies, which provide minimum requirements that all state agencies must follow,

although state agencies have some latitude to

exceed these requirements.

Kansas 40,570 Each agency establishes its own policies,

practices, and procedures, including policies

related to reasonable accommodation, with

assistance from the state’s Division of

Personnel Services, Department of

Administration where necessary.

Maryland 93,000 Maryland has several different personnel systems, each of which has its own employment

policies, practices, and procedures that apply

to the agencies under that system. 

Missouri 57,59612 State Office of Administration, Employee

Services Section, is responsible for reviewing

job applications for employment within the

Missouri Merit System. For jobs outside of the

merit system, each state agency handles job

openings and hiring. A state web site lists

state agencies with direct links to each

agency’s internet job posting page. 

New

Hampshire

11,000 Division of Personnel coordinates and posts

open recruitment announcements. 

Applications can be submitted to the Division

of Personnel or to the agency that has the

vacant position. Interviewing and hiring

decisions are made at the agency level.
39

New Mexico 24,687 Centralized system: State Personnel Office

coordinates and posts official position

announcements.

Utah 24,000 Large agencies handle own personnel/hiring;

smaller state agencies rely on Department of

Human Resource Management.

Vermont 8,000 Department of Human Resources develops

policies and procedures to govern statewide

human resources management practices.

Interviewing and hiring decisions are the

responsibility of the agency/department hiring

official. 

Washington 98,500 Department of Personnel developed statewide policies that individual agencies

implement. Washington also included a mix

of centralized recruitment for some job classes

and individual agency recruitment for others. 

(Washington is transitioning to a system

wherein collective bargaining agreements will

establish most personnel policies and

procedures.)
40

APPENDIX B

For more information on best practices noted in this report, please contact the

following individuals:

Florida

Julie M. Shaw

Executive ADA Administrator

Governor’s Working Group on the ADA

4030 Esplanade Way, Ste 315K

Tallahassee, Florida 32399

(850) 487-3423

(877) 232-4968 (TTY)

julie.shaw@myflorida.com

Kansas

Anthony A. Fadale

State of Kansas ADA Coordinator

900 SW Jackson, Room 114

Topeka, Kansas 66612

(785) 296-1389

(800) 766-3777 (TTY)

Anthony.Fadale@da.state.ks.us

Maryland

Jade Ann Gingerich

Director of Employment Policy

Maryland Department of Disabilities

217 E. Redwood Avenue, Suite 1301

Baltimore, MD 21202

(410) 767-3651

(800) 735-2258 (TTY)

jgingerich@mdod.state.md.us

Steven D. Serra

Director, Recruitment and Examination 

Division

Office of Personnel Services and Benefits

Maryland Department of Budget 

 and Management

301 West Preston Street, Suite 608

Baltimore, MD 21201

(410) 767-4917

(800) 735-2258 (TTY)

sserra@dbm.state.md.us

Missouri

Robert Honan, Executive Director

Governor's Council on Disability

301 West High Street, Suite 250-A

P. O. Box 1668

Jefferson City, MO 65102-1668

573-751-9326 (voice/TTY)

800-877-8249 (voice/TTY)

robert.honan@oa.mo.gov

New Hampshire

Karen Levchuk

Director of Personnel

25 Capital Street

Concord, NH 03301

(603) 271-3261

Karen.levchuk@nh.gov

Carol A. Nadeau

Executive Director

Governor’s Commission on Disability

57 Regional Drive

Concord, NH 03301

(603) 271-6895 (voice/TTY)

carol.nadeau@nh.gov
41

New Mexico

Mary Beresford,

Director, Governor's Commission on

 Disability, 

Lamy Building, Room 117

491 Old Santa Fe Trail

Santa Fe, NM 87501

(505) 476-0412

mary.beresford@state.nm.us;

Greg Trapp

Executive Director

Commission for the Blind

2200 Yale Blvd. SE

Albuquerque, NM 87106

(505) 841-8844

505-243-6407 (TTY)

greg.trapp@state.nm.us

Utah

John W. Golom

Human Resource Manager

Department of Human Services

State of Utah

(801) 538-4229

(801) 538-4371 (TTY)

jgolom@utah.gov

Vermont

Karen R. Joeckel

Office of the Commissioner

Vermont Department of Human Resources

110 State Street, Drawer 20

Montpelier, VT 05620-3001

(802) 828-3491

kjoeckel@per.state.vt.us

Washington

Toby Olson

Executive Secretary

Washington State Governor's Committee 

 on Disability Issues and Employment

P.O. Box 9046

Olympia, WA 98507-9046

(360) 438-3168

(360) 438-3167 (TTY)

tolson2@esd.wa.gov