INTERIM REPORT ON BEST PRACTICES

FOR THE EMPLOYMENT OF PEOPLE WITH DISABILITIES

IN STATE GOVERNMENT

PREPARED BY THE

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

IN SUPPORT OF THE

NEW FREEDOM INITIATIVE

OCTOBER 29, 2004
i

1TABLE OF CONTENTS

Executive Summary ii

Introduction 1

Methodology 2

Overview 4

Part I: Recruiting and Hiring 4

Part II: Reasonable Accommodation 10

Part III: Protecting the Rights of Individuals With Disabilities on the Job 14

Part IV: Other Best Practices That Promote the Employment of People with Disabilities 17

Conclusion 22

Appendix 23
ii

EXECUTIVE SUMMARY

This report highlights best practices of four states – Florida, Maryland, Vermont, and

Washington – 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 four participating states voluntarily allowed EEOC to review a

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

employees or applicants for state employment. We examined practices related to the

following:

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

! the provision of reasonable accommodations for individuals with disabilities

who are state employees or applicants for state employment;

! 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 project has two purposes. First, we believe that all employers, including the

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

offering participating states free, informal technical assistance to promote voluntary

compliance with Title I (the employment provisions) of the ADA.

EEOC has identified a number of state employment practices worthy of consideration

and even replication. For example:

! The states surveyed include individuals with disabilities as part of their diversity

programs and their targeted outreach and recruiting efforts.
iii

! Vermont provides for a “must interview” to anyone with a disability who meets

the minimum qualifications for a state job.

! Washington passed legislation creating a supported employment program for

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

successfully.

! 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.

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

Maryland elevated its former Office on Individuals with Disabilities to cabinetlevel status. These legislative and executive actions send a clear message

“from the top” that people with disabilities are a state priority.

! Florida has secured a waiver from the Social Security Administration, enabling

it to move persons with developmental disabilities into jobs without immediately

jeopardizing their eligibility for Medicaid and Social Security Income benefits. 

! Vermont has participated in a pilot project to establish “disability program

navigators” at four state One Stop Career Centers established under the

Workforce Investment Act to help people with disabilities access these services

more easily.

A final report detailing the best practices of these four states and a number of others is

scheduled for publication in October 2005. That report will likely examine in detail some of

these and other practices noted in this interim report. 
1

42 U.S.C. § 12101 et seq.

2

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.

3

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

newfreedom/

INTERIM REPORT ON BEST PRACTICES

FOR THE EMPLOYMENT OF PEOPLE WITH DISABILITIES

IN STATE GOVERNMENT

INTRODUCTION

This report details best practices undertaken by four states – Florida, Maryland,

Vermont, and Washington – to promote the hiring, retention, and advancement of individuals

with disabilities in state government employment.

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

1

 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.2

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 the 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.3

The United States Equal Employment Opportunity Commission (“EEOC” or

“Commission”) 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
4

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

2

have issued fact sheets discussing how the ADA applies to specific disabilities in the

workplace and describing how telecommuting can be a reasonable accommodation for some

individuals with disabilities. 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 fact sheet on the ADA for job applicants with

disabilities.4

The “States’ Best Practices” project is EEOC’s most recent outreach and technical

assistance effort aimed at increasing the employment of individuals with disabilities. EEOC’s

decision to focus on states was in part based on the number of people state governments

employ, collectively more than five million. States also have unique opportunities to serve as

model employers not only for other public entities (such as county and municipal

governments), but for the private sector as well. 

The purposes of this project are twofold. First, it is hoped that all states (as well as

local governments and private employers) will learn from the best practices of the

participating states. Additionally, EEOC is offering participating states free, informal,

technical assistance to aid in voluntary compliance with the ADA. 

In addition to the four states reviewed in this interim report, several other states have

agreed to share their best practices in the next phase of this project. A final report is currently

planned for October 2005.

METHODOLOGY

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

in size of their workforces. Of the states surveyed for this report, Florida has the largest

number of state employees, approximately 130,000. About 98,500 individuals work for the

state of Washington; Maryland has nearly 93,000 employees; and Vermont has the smallest

number of state employees, with approximately 8,000.

Florida, Vermont, and Washington have similar personnel structures, while Maryland’s

is quite different. The Florida Department of Management Services develops state-wide hiring

and employment policies. These policies provide the minimum requirements that all state

agencies must follow, although state agencies have some latitude to exceed these

requirements. In Vermont, the Department of Human Resources develops policies and

procedures to govern statewide human resources management practices. Although the

recruitment process is managed centrally by the Department of Human Resources

Employment Services Division, interviewing and hiring decisions are the responsibility of the
3

agency/department hiring official. For the period covered by this report, the Department of

Personnel in Washington developed state-wide policies that individual agencies implemented. 

Washington also included a mix of centralized recruitment for some job classes and individual

agency recruitment for others. As this report is being written, Washington is transitioning to a

system in which most personnel policies and procedures will be established by collective

bargaining agreements. 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. 

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

states general guidelines concerning the kind of information it 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;

! 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’s Office of Legal Counsel (OLC) held an initial

teleconference with representatives from each state. The states determined what officials

would provide information to the EEOC and what state agencies would be the subject of the

review. Following the teleconference, OLC 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 interim report prior to

publication.
4

OVERVIEW

This report has four 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 policies and other methods of ensuring prompt

and fair resolution of accommodation requests. Some innovative

accommodation solutions are also discussed. 

! 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 ongoing training for managers

and supervisors that can proactively prevent discrimination. 

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

employment opportunities in state government, promote employment of people

with disabilities generally. 

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

result of its review and highlights some issues warranting further consideration

in the final report.

PART I: RECRUITING AND HIRING 

A. Targeted Recruitment and Outreach

Many employers have told the EEOC that they are unable to find qualified job

applicants with disabilities. Often this is because employers are not looking in the right

places. While many of this nation’s individuals with disabilities who are unemployed are

willing and able to work, finding them may involve more than simply engaging in the usual

recruiting and hiring practices. 

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

to increase the representation of qualified individuals with disabilities in their hiring pools and
5

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

Three states – Maryland, Washington, and Vermont – reported that they currently

undertake targeted recruitment and outreach efforts, or that they intend to do so or to

enhance existing efforts in the near future. For example:

! 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.

! 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 
6

C developing a pool of qualified individuals with disabilities to fill

temporary positions in underutilized job groups.

! Governor Jim Douglas of Vermont 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 of Vermont. 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

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 is developing a “Working for the

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

particularly those that serve people with disabilities. The workshop will provide

an overview of the application process, highlight state career options, and

provide 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 of Personnel 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.

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
5

See Revised Code of Washington, §§ 41.04.750-41.04.780.

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.

(continued...)

7

do their jobs successfully.5

 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 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

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

“qualified” under the ADA.6 
6

(...continued)

12111(8); 29 C.F.R. § 1630.2(m).

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.

8

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. 

! Three states B Florida, Maryland, and Vermont B reported that information

about the availability of reasonable accommodations for the application

process and/or for performance of the job is included on some or all vacancy

announcements. 

! 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.

! 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. 

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 which may mean

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

the interview process effective for people with disabilities applying for state jobs.

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

supervisors receive ADA training that includes specific information about how
9

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.

! 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.

! 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 discussing interviewing

courtesies for job applicants with specific kinds of disabilities. 

! 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
10

Vermont Department of Human Resources’ website, 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

D. Mentoring

Mentoring programs can offer students with disabilities information about employment

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

Disabilities and the Department of Labor’s Office of Disability Employment Policy co-sponsor

National Disability Mentoring Day every October, as part of National Disability Employment

Awareness Month. Beginning in 2003, Vermont and Maryland replicated this effort at the

state level. 

! 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.

! Maryland’s Disability Mentoring Day uniquely combines an experiential firsthand view of state government work with workshops that may assist participants

with disabilities to gain state employment. Participants 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.”

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 legal obligation is to have in place written

procedures that clearly define the responsibilities of everyone involved in the reasonable
11

accommodation process and that enable tracking and prompt resolution of accommodation

requests. The following subsections detail best practices that the subject states have

implemented to ensure that requests for reasonable accommodations are handled

appropriately. 

1. Written Reasonable Accommodation Procedures

Washington and Vermont reported that they have state-wide written reasonable

accommodation procedures:

! 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.

! 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 Reasonable

Accommodation policy and procedures be provided to all newly-hired state

employees. In addition, this information is posted on the Vermont Department

of Human Resources website, www.vermontpersonnel.org, under the

“Workforce Equity and Diversity” section.

Florida reported that some of its state agencies have adopted written reasonable

accommodation procedures that clarify the process for making requests and explain how

agency officials should respond. 

! 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 human resources offices to notify applicants

and employees in writing about the action taken on their request.

! Some Florida agencies include time lines in their procedures to help ensure

prompt attention to requests for reasonable accommodation. For example, the

Florida Department of Education requires division directors to notify the ADA

Coordinator of all requests for reasonable accommodation within two business

days.
12

2. Procedures Related to the Denial of Reasonable Accommodations

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. 

! The state-wide 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, including the Department of Personnel’s

Disability Accommodation Revolving Fund. Established by the legislature in

1987, the 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.

! 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. 

! 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 accommodations, determines whether a requested accommodation would pose an

undue hardship, and investigates other possible accommodations.

3. Tracking Requests for Reasonable Accommodation

Tracking information about reasonable accommodations can help employers evaluate

their performance in responding to accommodation requests and implement measures to

improve performance where necessary. Among other things, tracking may enable a state

agency to determine how long it takes to respond to requests for different types of reasonable
13

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 the 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), 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.

! 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. 

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,
14

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.

B. Innovative Accommodation Solutions

This section highlights several practices reported by the state of Washington that either

facilitate provision of reasonable accommodations or that exceed the ADA’s requirements. 

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

addressing reasonable accommodation issues under the ADA intended to

provide a broad outline of facts for general guidance. The site also has

information that shows how Washington State law exceeds federal

requirements.

! 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 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.

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. 
9

In 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.

15

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 Disabilities9

and available online at www.dol.gov/odep/pubs/ek00/career.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

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

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

! For example, 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
16

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 over 100 state employees, predominantly supervisors or

human resource specialists.

It is encouraging to see that training about the ADA and individuals with disabilities is

increasingly becoming part of states’ diversity initiatives. 

! 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. 

! 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. 

! The Maryland State Highway Administration is also incorporating information

about persons with disabilities into its training for all employees and into its

advanced training for agency leaders. 

Maryland also noted the following additional training specifically addressing

individuals with disabilities:

! 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 of the agency to its

employees with disabilities 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, 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,
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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 Management & Budget 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 ADA interpretation on the definition of disability, qualified,

reasonable accommodation, undue hardship, direct threat to self or others,

pre-employment- inquiries, medical examinations, qualification standards, drug

and alcohol abuse, reassignments, health insurance and other employee

benefits plans, and other frequently raised ADA employment law issues.

! The Maryland Aviation Administration ADA training for supervisors also

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 management decisions about accommodations, and examples of

accommodation problems and solutions. 

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 assisting persons with disabilities with improving 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. 

! State legislation enacted in Maryland in May 2004 elevates the former

Governor’s Office for Individuals with Disabilities to cabinet-level status,

establishing the Department of Disabilities. The newly created department will
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oversee the reform of government delivery of supports to people with

disabilities.

! 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. A final report on

achieving these objectives, including recommendations for legislative or

regulatory action, is due December 15, 2004. 

! 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.

! Under an initiative announced by Governor Jeb Bush in 2002, all Florida

agencies will comply with section 508 of the Rehabilitation Act, which requires

all Federal agencies to ensure that their electronic and information technology,

including website, are accessible to persons with disabilities. Florida’s decision

to adopt these federal standards will assist applicants with disabilities in using

websites to learn about and apply for jobs with Florida agencies.

! 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. 
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! 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 

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

school students with disabilities, their teachers, and parents.

B. 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. 
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C. Public/Private Partnerships

Two states – Florida 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, a 501(c)(3) public-private partnership

foundation. Since 1990, the Able Trust has awarded over $14 million to

individuals with disabilities and nonprofit vocational rehabilitation agencies,

and helped approximately 2,000 individuals with disabilities annually to enter

the workforce. Among the projects supported by the Trust are: on-the-job

coaching, supported employment, job skills-training, job development,

employer outreach, and ADA facility compliance. Also known as the Florida

Governor’s Alliance for the Employment of Citizens with Disabilities, the Trust

increases employment opportunities for persons with disabilities through fundraising, grant programs, public awareness campaigns, and education.

! Vermont reports that its Department of Human Resources Division of

Vocational Rehabilitation, Department of Employment Training, and other state

agencies are active participants in numerous activities, councils, and

committees that address hiring and diversity issues with respect to individuals

with disabilities, such as:

C The Governor’s Summit on Employment of People with Disabilities,

which 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.

C The Governor’s Committee on Employment of People with Disabilities

sponsors the Youth Leadership Forum, in partnership with the Vermont

Center for Independent Living, to encourage youth with disabilities to

develop leadership skills and create a plan for their personal growth

and career development. 

C Through sharing the best practices of businesses employing people with

disabilities, the Vermont Business Leadership Network encourages

Vermont employers to consider people with disabilities when recruiting

and hiring.
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D. Other State Actions That Promote the Employment of People with Disabilities

! Florida has secured a waiver from the Social Security Administration, enabling

it to move persons with developmental disabilities into jobs without immediately

jeopardizing their eligibility for Medicaid and Social Security Income benefits. 

Losing these benefits is one of the major obstacles preventing persons receiving

Social Security benefits from obtaining employment, or seeking higher-paying

jobs. 

! 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 .

! 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.

! 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.

! In Vermont, the Department of Employment and Training Disability Program

Navigator Initiative is a pilot program, operating out of four state Career

Resource Centers (One Stops), designed to assist people with disabilities who

are seeking training in job skills and who need help in “navigating” the

employment application process. This program also provides information on

employment support programs, such as the Social Security Administration’s

Ticket-to-Work Program.
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CONCLUSION

We are encouraged by our initial 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. 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 thus far do not describe jobs in

a way that would inadvertently screen out qualified individuals with disabilities. In fact, some

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. Our final report

will more closely examine the components of written procedures, such as time frames set for

the disposition of accommodation requests and methods of funding more costly

accommodations. We also expect to examine other innovative accommodation solutions

and ways in which states have met or exceeded the ADA’s legal obligations.

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. 

In our final report, we hope to explore in more detail actions that states have taken to

promote the advancement of individuals with disabilities, such as training and mentoring

programs.

Finally, the states we have surveyed for this Interim Report have taken a significant

number of steps to increase the employment of people with disabilities generally. It is

particularly noteworthy that several of these initiatives (and others noted throughout this

interim report) were initiated by legislative or executive action. This fact sends a clear

message “from the top” that the employment of people with disabilities is a state priority.
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APPENDIX

For more information on best practices noted in this report, please contact the

following individuals:

Florida Vermont

Jennifer Fennell Karen R. Joeckel

Director of Communications Office of the Commissioner

Department of Management Services Vermont Department of Human Resources

4050 Esplanade Way, Suite 250 110 State Street, Drawer 20

Tallahassee, FL 32399.0950 Montpelier, VT 05620-3001

(850) 410-0804 (802) 828-3491

jennifer.fennell@myflorida.com kjoeckel@per.state.vt.us

Maryland Washington

Jade Ann Gingerich Toby Olson

Director of Employment Policy Executive Secretary

Maryland Department of Disabilities Washington State Governor's Committee 

217 E. Redwood Avenue, Suite 1301 on Disability Issues and Employment

Baltimore, MD 21202 P.O. Box 9046

(410) 767-3651 Olympia, WA 98507-9046

jgingerich@mdod.state.md.us (360) 438-3168 (Voice)

(360) 438-3167 (TTY)

Steven D. Serra tolson2@esd.wa.gov

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

sserra@dbm.state.md.us