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U.S. DEPARTMENT OF TRANSPORTATION DOT Plan for the Employment of People with Disabilities Departmental Office of Civil Rights 400 7th Street, SW, Room 10215 Washington, DC 20590 SECTION 501—AFFIRMATIVE
ACTION POLICY STATEMENT JULY 2001
Over the next several years, the U.S. Department of
Transportation will face a significant challenge in recruiting candidates to
fill vacancies created by retirements and departures from federal service. This challenge, however, also presents an
historic chance to open job opportunities at the Department to individuals who
may have had difficulty accessing them in the past, including people with
disabilities. Section
501 of the Rehabilitation Act of 1973 prohibits Federal executive branch
agencies from discriminating against qualified individuals with
disabilities. It also requires agencies
to take affirmative action in hiring, placing, and advancing people with disabilities. As one of the authors of the Americans with
Disabilities Act during my service in Congress, I am firmly committed to making
the Department of Transportation a model employer in opening job opportunities
and building a positive work environment for people with disabilities. All applicants and employees have the right to be
treated with respect and individuals must be recruited, hired, and promoted
based upon their qualifications and experience. The Department has both an ethical and legal obligation to
provide reasonable accommodations that will allow applicants and employees with
disabilities an equal opportunity to compete in the workplace. The current generation of Americans with
disabilities is well prepared for the job market, yet nearly one half of
working age people with disabilities in the United States are unemployed. An aggressive affirmative employment program
of recruiting, outreach, and employee development directed toward people with
disabilities has the potential both to help the Department meet its workforce
needs and to help bring Americans with disabilities into the mainstream of the
Department and society as a whole. 2 Americans with disabilities come from all walks of
life and all racial, ethnic, and socio-economic backgrounds. Our commitment to opening job opportunities
to all Americans, including Americans with disabilities, is a reflection of our
commitment to building a Department that works for, includes, and responds to
the needs of all Americans. I urge all U.S. Department of Transportation
employees to join me in finding the very best means of implementing Section 501
and in working aggressively to create opportunities to recruit, hire, train,
mentor, and promote persons with disabilities.
Norman Y.
Mineta A
MESSAGE FROM THE SECRETARY I am proud to present the
U.S. Department of Transportation’s (DOT) Committee on the Employment of People
with Disabilities’ Plan. The Committee
exemplifies ONE DOT as it brings together representatives from all Operating
Administrations, the appropriate Secretarial Offices, and other Departmental
organizations representing employees with disabilities. This Plan has my strong endorsement and that
of the Department’s senior management. The Department needs a
skilled, competent, and diverse workforce to succeed in the 21st
century and cannot afford to allow any part of its population be excluded from
contributing to DOT’s success and mission.
To accomplish these goals, it is imperative that we work together to
eliminate workplace barriers — physical, attitudinal, social, and technological
— to create the affirmative employment opportunities that Section 501 of the
Rehabilitation Act mandates. We must be leaders in
providing opportunities for everyone to reach his or her full potential. The DOT Plan for the Employment of People
with Disabilities has been developed to serve as our road map for recruiting,
hiring, developing, promoting, and retaining people with disabilities. Departmental managers and supervisors are
directly accountable for the effective implementation of this Plan. To achieve real results, each of us is
expected to closely monitor this Plan’s implementation in our areas of
responsibility. Our Nation’s civil rights
laws prohibit discrimination and mandate equal employment opportunities for
all. By adopting this Plan, the U.S.
Department of Transportation affirms its commitment to civil rights and its
vision of the inclusion of people with disabilities as integral contributors to
our critical transportation mission.
Together, we must work to make the hopes and aspirations of people with
disabilities achievable in the DOT workplace. Norman Y. Mineta TABLE
OF CONTENTS Introduction............................................................................................................................. 1 Directive.................................................................................................................................. 3 DOT Plan Action Items........................................................................................................... 5 Recruitment and Placement...................................................................................................... 5 Employment Opportunities for Students.................................................................................... 8 Career Development................................................................................................................ 10 Monitoring and Evaluating Progress.......................................................................................... 10 Reasonable Accommodation.................................................................................................... 12 Attachments
Attachment 1. Terms and
Definitions.................................................................................... A-1 Attachment 2. DOT Operating Administrations..................................................................... A-2 Attachment 3. DOT Projected Hiring Goals......................................................................... A-3 Attachment 4. DOT Model Curriculum................................................................................ A-4 1 INTRODUCTION On March 13, 1998, Executive Order 13078 established the Presidential Task Force on Employment of Adults with Disabilities. The Task Force’s mission is to create a coordinated and aggressive national policy to bring adults with disabilities into gainful employment at a rate comparable to that of the general adult population. The Task Force's first report, “Recharting the Course,” was accepted on December 14, 1998. Based on that report, the U.S. Office of Personnel Management (OPM) was directed to develop a plan to increase the representation of adults with disabilities in the Federal workforce. On October 16, 1999, a Presidential Memorandum was sent to the Heads of Federal agencies and departments directing them to step up efforts to hire and promote persons with disabilities at all levels of the Federal Government (Presidential Directive). Concurrently, OPM released “Accessing Opportunity: The Plan for Employment of People with Disabilities in the Federal Government,”[1] and its companion employment guide, “People with Disabilities in the Federal Government: An Employment Guide.”[2] These documents provide Federal agencies with detailed and practical guidance on ways to recruit people with disabilities for positions at all levels of government; provide opportunities for students with disabilities; ensure career opportunities for people with disabilities; collect and maintain data to monitor their success; and, provide reasonable accommodations for applicants and employees with disabilities. The previous Administration directed all Federal agencies and departments to implement the plan immediately and to bring qualified people with disabilities into the Federal workforce. In addition to the obligations imposed by the Presidential Directive, the U.S. Department of Transportation, along with all other Federal agencies and departments, has a longstanding statutory obligation under Section 501 of the Rehabilitation Act, as amended, 29 U.S.C. Section 791(b), to engage in affirmative action with respect to the hiring, placement, and advancement of individuals with disabilities. Section 501 also prohibits disability-based discrimination in employment and requires Federal employers to provide "reasonable accommodations" for applicants and employees with disabilities. In complying with this statutory obligation, the Department is guided by its own implementing regulations, as well as regulations, guidance, and Management Directives issued by the U.S. Equal Employment Opportunity Commission. In order to develop a plan that was tailored to the needs and structure of the U.S. Department of Transportation, the Departmental Office of Civil Rights (DOCR) established the ONE DOT Advisory Committee on the Employment of People with Disabilities. To ensure that the plan ultimately reflects the needs of the entire Department, the Advisory Committee is comprised of representatives from each Operating Administration’s Civil Rights and Human Resources Offices, staff from appropriate Secretarial offices, and members of DEAF/DOT and DOT/ADA, organizations established to represent the views of the Department's employees with disabilities. 2 As a result of the efforts of the ONE DOT Advisory Committee, a DOT Plan for the Employment of People with Disabilities was drafted and circulated for comment throughout the Department. On July 26, 2000, the 10th Anniversary of the
Americans with Disabilities Act, two new Executive Orders were signed that
further emphasize the Federal government's role as a model employer of people
with disabilities. Executive Order
13163 commits the Federal government to the goal of hiring 100,000 individuals
with disabilities over the next five years. In furtherance of that goal, each
Federal agency is required to prepare a plan to increase employment
opportunities for persons with disabilities at all levels and occupations in
the Federal government and to submit that plan to OPM. Under guidance issued by OPM, each agency's
plan is required to describe how it intends to recruit and hire qualified
individuals with disabilities, especially targeted disabilities. The plan must include the aggregate number
of people with disabilities the agency believes it can hire over the next five
years and "a compilation of the
occupations and grade levels of the positions for which the agency plans to
hire, and the number of individuals with disabilities that the agency estimates
hiring in each occupation." In addition, the plan
must describe the agency's recruiting strategies, proposals for training,
mentoring, and career development, and strategies to ensure that reasonable
accommodation needs are met. Agency
plans are subject to OPM approval, which will be based on whether “the plan contains
sufficient assurances, procedures, and commitments to provide adequate hiring,
placement, and advancement opportunities for individuals with disabilities.”[3] Beginning in October 2001, agencies will
also be asked to provide an annual report to OPM describing their progress in
meeting the objectives set forth in the Order.
The annual report is intended to complement the automatic quarterly
reporting that will be done through the Central Personnel Data File. Executive Order 13164 requires Federal agencies to establish “effective written procedures for processing requests for reasonable accommodation by employees and applicants with disabilities,” and to submit those procedures to the Equal Employment Opportunity Commission no later than July 26, 2001. The Department has already established and funded the Disability Resource Center, a centralized source of reasonable accommodations for applicants and employees with disabilities. As part of the Department's Plan, the effective written procedures required by Executive Order 13164 will be developed. In order to comply with these new Executive Orders, the draft DOT Plan for the Employment of People with Disabilities was revised to incorporate the hiring goals mandated by Executive Order 13163 and the development of reasonable accommodation procedures required by Executive Order 13164. The Plan now provides the Department with an opportunity to both fulfill the Executive Orders and to reinvigorate its efforts to comply with the mandates of Section 501 of the Rehabilitation Act. The DOT Plan for the Employment of People with Disabilities builds on the OPM 's October 16, 1999 Plan by adopting approaches tailored to meet the needs and organizational structure of the U.S. Department of Transportation. Further, it embraces the initiatives reported in the Department’s Affirmative Action Plan for People with Disabilities. 3 DIRECTIVE TO DEPARTMENTAL OFFICERS AND HEADS OF OPERATING ADMINISTRATIONS In order to implement Executive
Orders 13163 and 13164 and to strengthen the Department’s compliance with its
statutory obligations under the Rehabilitation Act of 1973, 29 U.S.C. Section 791,
each Departmental Officer and Head of an Operating Administration shall undertake an Initiative to actively
recruit, hire, and promote qualified
persons with disabilities, with a special emphasis on recruiting, hiring, and
promoting individuals with Targeted Disabilities. See Attachment 1 for Terms and Definitions. Each Departmental Office and Operating
Administration shall develop its Initiative in a manner consistent with this
ONE DOT Plan for the Employment of People with Disabilities and in cooperation
with the DOT entities given responsibility by this Plan for developing models
and resources to facilitate this effort. As
described in more detail below, to develop its Initiative and assist in the
implementation of this Plan, each Departmental Office and Operating
Administration must work within its existing Human Resources structure and,
using the resources and models described below, develop its own approach to
accomplishing the stated goals. Many
Departmental Offices and Operating Administrations have already reported
substantial accomplishments, as well as new strategies for future hiring, in
their submissions to the Department’s annual Affirmative Action Program Plan
for People with Disabilities. Thus, in
many cases, organizations will be able to build on prior accomplishments in
responding to these requirements. In
addition, OPM has provided new resources to assist Federal agencies in this
effort. A key document is “Accessing
Opportunity: The Plan for Employment of
People with Disabilities in the Federal Government” (OPM Plan). The OPM Plan was developed to serve as a
framework for Federal agencies to use as they create strategies and initiatives
to recruit, hire, develop, and retain more people with disabilities. It sets forth recommendations in five key
areas: (1) Recruitment and Placement,
(2) Employment Opportunities for Students, (3) Career Development, (4)
Monitoring and Evaluating Progress, and (5) Reasonable Accommodation. Within each category, OPM recommends
specific actions and provides basic information and resources to assist
agencies in accomplishing the recommended actions. Finally,
the ONE DOT Advisory Committee on the Employment of People with Disabilities
(Advisory Committee) has examined OPM’s Plan and, building on that effort, has
developed Action Items tailored to the needs and structure of the U.S.
Department of Transportation. The Action
Items are presented below and organized in the same manner as in the OPM
Plan. They are intended to supplement
OPM’s Plan and to provide a method for sharing resources and responsibilities
within the Department. 4 It
is important to note that, without this cooperative effort, each Departmental
Office and Operating Administration would be required to accomplish many of the
recommended activities individually, resulting in substantial duplication of
effort. The Advisory Committee’s
recommendations are intended to avoid this result by coordinating the
development of Department-wide models, which can then be modified by each
organization to meet its specific needs and goals. The recommendations are also intended to facilitate the sharing
of information and resources. Therefore,
each Departmental Officer and Head of an Operating Administration, with the
assistance of the Disability Resource Center, the ONE DOT Advisory Committee,
and the DOT entities identified in the Action Items that follow, shall: 1.
Undertake an Initiative to actively recruit, hire, and promote persons with disabilities, and
place a special emphasis on recruiting, hiring, and promoting individuals with
Targeted Disabilities. Each Initiative
must include activities undertaken to meet the hiring goals agreed to by such
Departmental Office or Operating Administration, as set forth in Attachment 3; 2. Adopt the framework and recommendations developed by OPM in “Accessing Opportunity: The Plan for Employment of People with Disabilities in the Federal Government”; and 3. Implement
the Action Items as outlined in this Plan. Norman Y. Mineta 5 DOT PLAN ACTION ITEMS 1.
Recruitment and Placement The Department recognizes the importance of a
comprehensive and coordinated approach to recruiting people with
disabilities. At the same time,
individual Departmental Offices and Operating Administrations have both
existing recruitment programs and unique hiring needs. Therefore, in general, DOT’s approach to
recruiting people with disabilities is to require the creation of
Department-wide models (e.g., model recruitment plans) and resources (e.g., a
ONE DOT Recruitment Exhibit), which can be adapted and/or shared by
Departmental Offices and Operating Administrations, and to require that each Departmental
Office and Operating Administration publish its own recruitment plan for people
with disabilities based on those models.
The resulting individual plans will be combined with activities planned
at the Departmental level to create a ONE DOT Departmental Recruitment Plan.
6
7
8
2.
Employment Opportunities for Students DOT has a number of internship programs targeted to reach a diverse student body and to interest them in transportation careers. In addition to welcoming and accommodating students with disabilities in these programs, DOT will focus on developing methods and programs to specifically reach out to students with disabilities.
9
10 3.
Career Development To ensure that people with disabilities have equitable opportunities for advancement, it is essential that barriers to the selection of persons with disabilities to career development opportunities be identified and eliminated. Management training must be conducted at all levels in the Department to educate supervisors and managers about the importance of including employees with disabilities in career development opportunities.
4. Monitoring and
Evaluating Progress In developing this Plan, it became evident that
the workforce composition data needs to be validated to ensure accuracy in
measuring the Plan’s success. Improving
the level of confidence in the workforce profiles of people with disabilities
is an essential part of monitoring and evaluating the Plan’s requirements.
11
12 5. Reasonable Accommodation In order to ensure that all DOT employees with disabilities are provided with the reasonable accommodations needed to perform the essential function of their jobs and that applicants for DOT positions receive reasonable accommodation in the hiring process, DOT has established the Disability Resource Center (DRC). The DRC provides accommodations for individual employees and job applicants at no additional cost to the requesting parties, thus eliminating any disincentive to hiring people with disabilities because of the perceived cost of providing accommodations. The DRC also conducts job needs assessments and assists employees and employers in selecting effective accommodations. Currently, the DRC continues to develop its procedures for processing requests for reasonable accommodation. However, Executive Order 13164, issued July 26, 2000, imposes a broader requirement. Under the Order, the Department must "establish effective written procedures for processing requests by employees and applicants with disabilities." The Executive Order includes detailed requirements for the contents of agency procedures and requires that these procedures be submitted to the Equal Employment Opportunity Commission no later than July 26, 2001. EEOC issued guidance for the implementation of the Order on October 20, 2000. Thus, the Department must develop written procedures that
include the entire process, from the time an employee or applicant requests (or
can be legally deemed to have requested) an accommodation, through its possible
transmittal to and processing by the DRC, and terminating with informal appeal
procedures.
13
Terms and Definitions Individual with a Disability. A person who (1) has a
physical or mental impairment that substantially limits one or more of such
person’s major life activities, (2) has a record of such impairment, or (3) is
regarded as having such an impairment.
This definition is provided by the Rehabilitation Act of 1973, 29 U.S.C.
701 et seq., as amended, and has been incorporated with an explanation of terms
in nondiscrimination regulations at 29 CFR., Section 1614.203. Targeted (or Severe) Disabilities. A group
of physical and mental impairments that are given special emphasis in Federal
affirmative action programs for individuals with disabilities. The U.S. Equal Employment Opportunity
Commission (EEOC) targets the following disabilities:
2
* Ref. Standard Form 256, Self Identification
of Reportable Handicaps (Disabilities). Qualified Individual with a Disability/Handicapping
Condition. With respect to employment, a qualified person with a
disability is one who, with reasonable accommodation (or without it if it is
not needed), can perform the essential functions of the position in question
without endangering the health and safety of the individual or others and who,
depending upon the type of appointing authority being used: (1) meets the
experience and/or education requirements (which may include passing a written
test) of the position in question, or (2) meets the criteria for appointment
under one of the special appointing authorities for persons with disabilities. __________ Source: 29 U.S.C. §701 et seq., Equal Employment Opportunity Management Directive 713,
and 29 C.F.R. §1614.203 DOT OPERATING ADMINISTRATIONS The DOT is comprised of the Office of the Secretary (which includes the Office of the Inspector General) as well as the following Operating Administrations: ·
Bureau of
Transportation Statistics (BTS) ·
Federal Aviation Administration (FAA) ·
Federal Highway Administration (FHWA) ·
Federal Motor Carrier Safety Administration (FMCSA) ·
Federal Railroad Administration (FRA) ·
Federal Transit Administration (FTA)
DOT PROJECTED
HIRING GOALS OVER THE NEXT FIVE YEARS FOR THE EMPLOYMENT OF PEOPLE WITH
DISABILITIES BY OPERATING ADMINISTRATIONS
* Note: The USCG employs people in 245 different occupations, working at
more than 100 locations throughout the country. Nearly two-thirds of the USCG’s civilian workforce works in occupations
having no more than five employees in any commuting area. Consequently, specific occupations and
grades cannot be readily classified as hiring “targets.”
2
3
*
Note: These positions are located in the RSPA, Volpe National
Transportation Systems Center in Massachusetts. 4
*Note: The TASC is a fee-for-service organization. Recruitment is driven by customer demand for
administrative services. Consequently,
specific numbers for each occupation are not readily available.
5
6
7
DOT Model Curriculum The model curriculum shall include, at a
minimum, the following: a) Three part statutory mandate of Section 501 of the Rehabilitation
Act, 29 U.S.C., Section 791
(1999), including i) prohibition of disability discrimination; ii) duty
to provide reasonable accommodation for applicants and employees who have
mental and physical disabilities; and iii) requirement that Federal executive
agencies develop an affirmative action plan “for the hiring, placement, and
advancement of individuals with disabilities.” b) Emphasis on Section 501 as part of a comprehensive Act, which
seeks to end disability discrimination and to promote employment opportunities
for disabled persons. c) Discussion of Congressional intent that the Federal government
play “a leadership role in promoting the employment of individuals with
disabilities, especially individuals with significant disabilities.” 29 U.S.C.,
section 701(b)(2)(1999). d) The U.S. Equal Employment Opportunity Commission’s (EEOC) role and
position, as reflected by regulation and policy guidance. By regulation, EEOC charges Federal
executive agencies with becoming a “model employer” of individuals with
disabilities. 29 C.F.R., Part 1614
(1999). Moreover, EEOC has issued two
directives which address Federal sector affirmative employment for persons with
disabilities: MD 712, “Comprehensive Affirmative Action Programs for Hiring,
Placement, and Advancement of Handicapped Individuals” (1983); MD 713,
“Affirmative Action for Hiring, Placement, and Advancement of Individuals with
Handicaps” (1987)[5]. e) The 1999 OPM documents, “Accessing Opportunity: A Plan for
Employment of People with Disabilities in the Federal Workforce” and its
companion “Employment Guide.” f)
The October 16, 1999, Presidential
Memorandum to the Heads of Executive Departments and Agencies, highlights the
continued dedication to increasing employment opportunities for persons with
disabilities. g) Executive Orders 13163 and 13164, and implementing guidance. h) Section 504 and 508 training requirements for managers and
supervisors. [1] See OPM
Website—http://www.opm.gov/employ/disabilities/plan.txt [2] See OPM Website—http://www.opm.gov/employ/disabilities/guide.txt [3] A preliminary draft of this plan was
submitted to OPM on November 7, 2000.
By letter dated November 27, 2000, OPM provided comments on the draft
plan to the Departmental Director of Civil Rights. This plan incorporates the changes requested by OPM. [4] With passage of the Interstate Commerce Commission Termination Act (P.L. 104-88, December 29, 1995), Congress established the Surface Transportation Board within DOT, effective January 1, 1996. While the Board is formally part of DOT, the Board is decisionally independent of DOT and by law “not responsible to or subject to the supervision or direction…of any other part of the Department of Transportation.” (49 U.S.C. 703(c).) [5] In general, MD 712 and 713 provide instructions, guidance, and procedures for, inter alia, the following objectives for persons with disabilities: · Ensuring equitable opportunities for hiring, training, and advancement · Participation in upward mobility, merit promotion, apprenticeship, student employment, cooperative education, and other development and advancement programs · Ongoing recruitment efforts · Facility accessibility · Reasonable accommodation · Maintaining an internal data collection system for program assessment and planning · Reporting affirmative employment goals and accomplishments to EEOC · Delegating appropriate authority to direct and accomplish program efforts · Additional objectives tailored to agency mission |
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