For those with disabilities, finding jobs can be especially difficult

For those with disabilities, finding jobs can be especially difficult

Sunday, September 19, 2010

By Ann Belser, Pittsburgh Post-Gazette

Larry Roberts/Post-Gazette

Chaz Kellem, who works in community affairs for the Pittsburgh Pirates, poses at PNC Park.

Chaz Kellem beat the odds.

A graduate of City Charter High School, Downtown, Mr. Kellem went to Edinboro University of Pennsylvania where he studied sports administration, hoping to land a job with a major league team. Despite intense competition in his field, the 27-year-old is now working full time for the Pittsburgh Pirates as their manager of diversity initiatives.

"I'm very lucky and blessed," he said.

Mr. Kellem is more lucky than he knows. The odds are long that as a man with a disability -- he uses a manual wheelchair -- he could find a job at all.

Less than one in five people with disabilities (19.2 percent) are even in the labor force, according to a first-ever study of the labor force characteristics of people with disabilities by the Bureau of Labor Statistics released this month. For people without disabilities, the labor force participation rate is 64.5 percent.

And, while it is always extra challenging to get a job if someone has a disability, this recession has been particularly unkind. In 2009, when the annual unemployment rate for people without disabilities was 9 percent, the rate for people who have disabilities was 14.5 percent.

For people with disabilities, finding a job is hard and finding a full-time job is harder. The bureau found that a full third of the people with disabilities were working part time, while just a fifth of people who are not disabled work part time.

The bureau's findings didn't surprise anyone involved in the community of people with disabilities.

Part of the problem in achieving higher employment levels in the disabled community goes right to a problem that has plagued the entire nation: health insurance.

"They are stuck in this disability benefit world," said Andrew J. Imparato, the president and CEO of the American Association of People with Disabilities in Washington, D.C.

He explained that the disabled community was hardly a monolith -- instead it encompasses a huge population of people with physical, developmental and psychiatric disabilities. Their needs are as varied as they are.

However, in many cases, particularly for people with physical disabilities, their cost for health care exceeds what they could earn at a job. And many jobs don't provide the level of health benefits a person with a disability could receive through Medicare or Medicaid.

"We need to establish as a national policy that you are not going to be worse off because you took a job," Mr. Imparato said.

"We're always fighting the system. Whether it is SSI [Supplemental Security Income] or SSDI [Social Security Disability Insurance], we're stuck," said Josie Badger, 26, of Ross.

Ms. Badger has muscular dystrophy. She uses a powered wheelchair, breathes with the assistance of a ventilator and has a service dog and attendants who help with her daily routine. She is studying for a doctorate in health care ethics at Duquesne University and works part time for the Allegheny County Health Department. She already has a master's degree in rehabilitation counseling from the University of Pittsburgh.

If she took a full-time job or got married, she would lose the health insurance benefits she receives through her parents' insurer.

If it weren't for the issue of health insurance, she said, more employers would open their doors to workers with disabilities.

"It's not the employers; it's the red tape that's keeping people with disabilities from getting jobs," she said.

Mr. Imparato and Ms. Badger agreed people with disabilities bring experiences to industry that other people do not. Mr. Imparato, who has bipolar disorder, said job seekers should be upfront about their disability and what it can bring to their employment in terms of experience.

Rachel Kallem, 25, of Greenfield, calls it "disability pride."

She said she now knows not to walk into a job interview and announce that she has bipolar disorder and attention deficit hyperactivity disorder, but she doesn't shy away from it either.

Some companies have developed a reputation for a commitment to the employment of people with disabilities, including Highmark and Bayer Corp.

Bayer has created a one-year jobs program in which people with disabilities gain experience and feedback while Bayer gets workers whom the company has found to be extremely dedicated to the corporation.

Bryan Iams, a spokesman for the company, said Bayer started the program, in part, to fill a need in the information technology division of the corporation where there is a high turnover rate. Now it has expanded to other areas.

People in the program "bring that level of dedication and commitment and interest that you really can't easily find; and when we do find it, it's really valuable to the team and the company," he said.

But people with disabilities face challenges that others may not even consider.

For Steve Kohut, 44, of Brentwood, part of the impediment to finding a job is being sure he will be able to make the commute in bad weather.

Mr. Kohut has muscular dystrophy and stopped working eight years ago after a series of falls.

"After the falls, I had to move home with my mom and dad," he said.

Now he has a battery-powered wheelchair, but he is not sure he will be able to make it across the back lawn when it gets too snowy or muddy to get to the car.

Mr. Kellem has similar problems. He needs help moving boxes for work and has to take extra time in the snow. But he said in the community affairs department of the Pittsburgh Pirates where he landed against so many odds, he has found not just a job but a supportive home.

Ann Belser: 412-263-1699 or abelser@post-gazette.com.

Read more: http://www.post-gazette.com/pg/10262/1088359-28.stm#ixzz10O3VjbX3

House OKs ‘Rosa’s Law’

House OKs ‘Rosa’s Law’

September 23rd, 2010

Would eliminate term ‘mentally retarded’ from federal law

Press releases from Sen. Barbara Mikulski, The ARC of the United States:

Acting unanimously, the House of Representatives last night approved a bill to remove the terms “mentally retarded” and “mental retardation” from federal education, health and labor laws. The measure, called “Rosas’ Law” in honor of a Maryland girl who has Down syndrome, has already passed the Senate and is expected to be signed into law by President Obama.

“This law is about families fighting for the respect and dignity of their loved ones,” said Sen. Barbara Mikulski (D-Md.), one of the measure’s sponsors. “This change will have a positive effect on more than 6 million Americans.” She said the law will make the language of federal law consistent with that used by the Centers for Disease Control and the United Nations, and will not affect any services, rights, responsibilities or educational opportunities for people with intellectual disabilities.

Rosa’s law substitutes the terms “intellectual disability” and “individual with an intellectual disability” for the earlier terms, now considered outdated and stigmatizing by many self-advocates and their families. It does not cover entitlement programs, which include SSI, Medicare, Medicaid and Social Security.

Peter V. Berns, CEO of The ARC of the United States, hailed the measure’s passage as “another historic milestone in our movement.”

“We understand that language plays a crucial role in how people with intellectual disabilities are perceived and treated in society,” Berns said in a statement. “Changing how we talk about people with disabilities is a critical step in promoting and protecting their basic civil and human rights.”

EEOC sues Beaumont company for disability discrimination

EEOC sues Beaumont company for disability discrimination
9/6/2010 12:53 PM By Michelle Massey, East Texas Bureau

Alleging disability discrimination in violation of the Americans with Disabilities Act, the Equal Employment Opportunity Commission filed a lawsuit against ENGlobal Engineering Inc.

According to court papers filed Aug. 26 in the Eastern District of Texas, Beaumont Division, the engineering company allegedly terminated an employee with multiple sclerosis.

In August 2007, ENGlobal hired Jeff Rose as a safety supervisor Jeff Rose. Rose was diagnosed with multiple sclerosis about a month later.

He claims he was told by the regional safety manager that the company would not want to deal with it. He allegedly assured the manager that he would still be capable of working.

The safety manager urged Rose to apply for short term disability leave. A month later, Rose gave the company a full medical release without restrictions to return to work on Sept. 17, 2007.

Rose states he was told his safety supervisor position was not available. About 10 days later, Rose received a letter stating he was terminated as of Sept. 17 because no position was available.

According to court documents, the safety supervisor position remained vacant until Oct. 8, 2007, when ENGlobal hired another individual who was not disabled.

The defendant is accused of intentionally committing unlawful employment practices and committing those practices with malice or reckless indifference for Rose's civil rights.

The EEOC is asking the court to issue an injunction preventing ENGlobal Engineering from discriminating on the basis of disability and from retaliating against employees who make good-faith complaints of employment discrimination.

The plaintiff is also asking the court to order the defendant to institute and carry out policies, practices and programs which provide equal employment opportunities for qualified individuals with disabilities.

On behalf of Rose, the EEOC is seeking damages for back pay, interest, lost wages, front pay, pecuniary losses, out-of-pocket expenses, non-pecuniary losses including emotional pain, suffering, inconvenience, mental anguish, punitive damages, interest and court costs.

Washington D.C. attorney P. David Lopez is general counsel for EEOC. Houston attorney Claudia Molina-Antanaitis is attorney-in-charge.

Jury trial requested.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:10cv00514

Disability Discrimination & Work Situations

Disability Discrimination

Disability discrimination occurs when an employer or other entity covered by the Americans with Disabilities Act, as amended, or the Rehabilitation Act, as amended, treats a qualified individual with a disability who is an employee or applicant unfavorably because she has a disability.

Disability discrimination also occurs when a covered employer or other entity treats an applicant or employee less favorably because she has a history of a disability (such as cancer that is controlled or in remission) or because she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if she does not have such an impairment).

The law requires an employer to provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the employer ("undue hardship").

The law also protects people from discrimination based on their relationship with a person with a disability (even if they do not themselves have a disability). For example, it is illegal to discriminate against an employee because her husband has a disability.

Note: Federal employees and applicants are covered by the Rehabilitation Act of 1973, instead of the Americans with Disabilities Act. The protections are mostly the same.

Disability Discrimination & Work Situations

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.

Click Here To Learn More!

Diversity World

Diversity World online is a website that provides resources and information on employment issues for people with disabilities! Whether you are a person with a disability, an employer, or an employment services professional, you are likely to find some exciting information, concepts and ideas.

We believe that people with disabilities have a rightful place in our workplaces and that they have valuable contribution to make to our economy. We believe that their participation rate in the workforce has been restricted by erroneous information, discriminatory practices, limited resources, and a resulting lack of opportunities.

Click Here to visit Diversity World online!

Social Security Accused Of Employment Discrimination

By SHAUN HEASLEY

August 31, 2010Text Size A A

Workers with disabilities are pursuing a class action suit alleging that they are being discriminated against by the unlikeliest of employers: the Social Security Administration.

About 2,000 employees with disabilities ranging from deafness to paralysis and intellectual disability are expected to be part of the class that’s suing. This group includes employees who say they were passed over for promotions since August 2005 despite being on a government “best qualified” list.

In one case, an employee who is deaf and has worked for Social Security for more than 20 years says he’s never been promoted despite making the “best qualified” list many times and applying for several advancement opportunities.

The lawsuit was originally approved for class action status by an Equal Employment Opportunity Commission administrative law judge in 2008, but Social Security appealed. This month, however, the EEOC again said plaintiffs should be allowed to establish a class and the suit is now expected to go to trial, reports The Baltimore Sun. To read more click here.

Employment Gains Seen For People With Disabilities

By MICHELLE DIAMENT

September 3, 2010Text Size A A

Unemployment concerns eased slightly for Americans with disabilities in August, receding from near record levels the month prior, the Labor Department said Friday.

Last month, the unemployment rate dropped to 15.6 percent for those with disabilities, down from 16.4 percent in July. The highest rate ever recorded — 16.9 percent — was seen last August.

Not only were more people working last month as compared to the month before, but more people were considered part of the workforce, meaning that they had work or were actively looking for it.

While this is a sign of improvement, employment prospects for people with disabilities continue to fall far short of those for their typically developing peers. The first annual look at the job situation for Americans with disabilities, which was released in late August, reflected a jobless rate that’s 60 percent higher for people with disabilities overall. Accordingly, despite improvement in August for people with disabilities, the unemployment rate for this population continues to be far higher than the 9.3 percent reported for the general population last month.

The Department of Labor began tracking employment among people with disabilities in October 2008. There is not yet enough data compiled to establish seasonal trends within this group, so numbers are not seasonally adjusted.

Employment statistics on people with disabilities cover those over the age of 16 who do not live in institutions. The first employment report specific to this population was made available in February 2009. Now, reports are released monthly.

Read the full story, click here!