Tuesday, January 18, 2011

Disability Related Employment Discrimination At Record Levels

By

Text Size A A

A spike in disability related job bias claims led to an all time high in the number of federal job discrimination charges filed last year.

The Equal Employment Opportunity Commission, or EEOC, handled 25,165 claims of workplace discrimination based on disability in fiscal year 2010, up 17 percent from 21,451 the previous year.

Those claims were among nearly 100,000 the EEOC received last year for job bias, marking the largest number of charges handled in a single year by the federal agency.

The EEOC accepts claims of workplace discrimination based on several factors including race, religion, disability and age. Disability claims have been on the rise since 2005.

MORE IN MONEY »

Private School Provider Agrees To Stop Excluding Kids With Disabilities

By

Text Size A A

Under an agreement with the Justice Department, a national network of more than 180 private schools will pay $215,000 and make a number of policy changes in order to settle a lawsuit alleging that the schools excluded students with autism, Down syndrome and other disabilities.

Nobel Learning Communities, Inc. operates preschools, elementary and secondary schools in 15 states and the District of Columbia. In the lawsuit filed in April 2009, federal officials charged that the schools excluded children with disabilities from their programs in violation of the Americans with Disabilities Act.

“Just like public schools, private schools must make reasonable modifications of policies to permit children with disabilities to participate fully in the programs they offer,” said Thomas E. Perez, assistant attorney general for civil rights. “This agreement ensures that children will not be denied quality preschool and other educational opportunities based upon their disabilities.”

Under the settlement reached late last week, the schools agreed to establish a non-discrimination policy. What’s more, the company will pay $215,000 to the children cited in the lawsuit.

In addition, Nobel Learning Communities agreed not to use eligibility criteria that would screen out children with disabilities and to establish a process for parents to request reasonable accommodations.

For their part, Nobel Learning Communities denied any wrongdoing under the settlement. In a statement, the company said that the experiences of the children named in the lawsuit are unrepresentative of its practices. Since 2004, the company says its schools have educated more than 2,800 students with disabilities.

Monday, January 10, 2011

Job Growth Yields Few Gains For People With Disabilities

By

Text Size A A

The economy added 103,000 jobs in December, but that did little to alter the employment situation for workers with disabilities, the Labor Department said Friday.

The unemployment rate among Americans with disabilities was 14.3 percent for the last month of 2010, dipping slightly from 14.5 percent in November.

This comes as the jobs picture appeared to improve among the general population with unemployment dropping to 9.4 percent, the lowest rate seen in 2010.

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 among this population, so statistics for this group are not seasonally adjusted.

Data 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.

MORE IN MONEY »

Firefighters' disability pay called 'pretty sweet deal'

You Decide-

By SCOTT WYLAND
LAS VEGAS REVIEW-JOURNAL
Posted: January 10, 2011 | 12:00 a.m.

An average of five Clark County firefighters each year wind up with chronic ailments such as heart failure and back injuries that end their careers.

When they leave the job, they get not only a workers' compensation settlement but also two years of wages from the county ranging from $300,000 to $500,000 per person.

That's considerably more than other county union employees and police receive as well as firefighters in many cities. And it well surpasses disability benefits that local construction workers get in private industry for jobs in which injuries are common.

Disabled county firefighters get up to a year with pay to recover. Then they receive two years of pay when they leave, and can cash in up to 2,400 hours of accrued sick leave, depending on their length of service.

The money for those payouts comes from the county's general operating fund, which is fed mostly by tax dollars and various fees charged to the public.

The lump sum for wages alone cost the county $722,000 in 2009 and $1.4 million in 2010.

The two years of pay irks one county commissioner, who calls it another excessive perk that was embedded in the labor contract before the county fell into a severe budget crisis. The financial crunch could be compounded next year if the Legislature takes money from local governments to fill a projected $2.7 billion state shortfall.

Commissioner Steve Sisolak said he hopes the payouts are being discussed in arbitration between the county and the firefighters union, set to wrap up within a couple of weeks. But he added that he has no idea if they are because commissioners are shut out from all labor talks.

He acknowledged that firefighters have a job that can wear them down physically, but argued that the county simply can't afford these benefits.

"We just don't have the money," said Sisolak, an outspoken critic of fire­fighters' compensation.

No other county employees receive two years wages as part of a disability payout, including police, hospital staff and members of the county's largest public employee union, he said.

"I'm a big believer in treating everyone fairly," Sisolak said. "No one gets anything close to this."

PHYSICAL STRESSES

Ryan Beaman, president of Inter­national Association of Firefighters Local 1908, didn't respond to phone calls or questions e-mailed to him on the topic.

In the past, however, union leaders have stated that firefighters have a physically demanding job that exposes them to infectious diseases on medical calls and deprives them of sound sleep during their 24-hour shifts. Heart, lung, back and joint ailments are common long-term health problems among firefighters, according to county fire officials.

Roughly 650 county firefighters respond to calls, and more than 70 percent of the calls are for medical emergencies.

However, the disability payout applies to all firefighters covered in the contract, including those in less physically taxing jobs, such as fire investigators, inspectors and trainers.

Clerks and other office workers in the Fire Department are covered under a Service Employees International Union contract and don't get the two years severance pay.

Physical and emotional stresses on the job are a big reason why firefighters and police can draw pensions from the Public Employees Retirement System after 25 years -- meaning, as young as their mid-40s.

Most local government workers who are disabled on the job, including public safety employees, get monthly payments through workers' compensation or some other insurance plan.

Nevada employers must carry workers' compensation insurance to cover employees' job-related injuries or illnesses. Payments are based on the severity of the impairment, and can go until the person retires, dies or recovers, depending on the policy.

A special provision is made for firefighters in Nevada who suffer heart or lung disease or cancer linked to their jobs. State law requires that they be paid $3,500 monthly in workers' compensation until they die. Then their spouses receive the payments until they die.

UNUSUAL PERK

But receiving insurance settlements plus two years of wages, as county firefighters do, is unusual.

You'll find no such severance pay in the cities of Las Vegas, Henderson and Tucson, Ariz., as well as the Metropolitan Police Department and the Service Employees International Union Local 1107, which represents about 9,500 county workers.

"That's a pretty sweet deal," said Kenny Lee, Tucson Fire Department's human resources manager, referring to the two years of additional pay.

A local police union leader agreed.

"Fire's cash-out is much more lucrative than police," said Chris Collins, executive director of the local Police Protective Association.

Police have a department-paid insurance plan that pays a cash settlement to a disabled officer, who can accept it as a lump sum or spread it over two decades, Collins said. Affected officers with at least five years service also can draw their pensions immediately, based on the time they've put in.

Disabled police officers who retire early can't cash in more than 1,250 hours of sick leave, versus fire­fighters who are capped at 2,400 hours, the equivalent of more than a year's pay, Collins said.

In contrast, workers in private sector jobs typically can't accumulate more than a couple of months of paid leave.

The disparity between police and firefighter payouts puzzled Sisolak, who noted that police have physical demands with their job, too, such as tussling with suspects.

"I wonder how one got so much, and some didn't," Sisolak said. "I think they (firefighters) are the most politically influential union."

In the building industry, union employees who are disabled on the job receive workers' compensation. If they're sidelined for longer than a year, they also can draw part or all of their pensions, depending on the labor contract, said Darren Enns, secretary treasurer for the Southern Nevada Building and Construction Trades Council.

Non-union employees who become disabled usually receive workers' compensation, and nothing else, said Warren Hardy, a building industry advocate and former state senator.

County firefighters are getting paid much more for injuries than construction workers whose jobs are more consistently strenuous, Hardy said.

"It's probably more physically demanding ... day in and day out," he said of construction. "Careers are definitely shorter."

Contact reporter Scott Wyland at swyland@reviewjournal.com or 702-455-4519.

Friday, January 7, 2011

Supervalu to settle disability discrimination suit for $3.2 million Read more: Supervalu to settle disability discrimination suit for $3.2 million |

Supervalu Inc. will pay $3.2 million to settle a disability discrimination suit with Chicago-area workers, the U.S. Equal Employment Opportunity Commission said Wednesday.

The EEOC sued Eden Prairie-based Supervalu (NYSE: SVU) and its Jewel Food Stores Inc. and American Drug Stores grocery chain Jewel-Osco in 2009, alleging that disabled employees were fired after medical leaves as a matter of policy. The EEOC said in a news release that about 1,000 employees were fired under the policy since 2003.

Jewel-Osco will pay about $29,000 to each of 110 former workers, and will also train managers on disability accommodations. The chain will also hire consultants to evaluate job descriptions, according to a consent decree signed by Chief U.S. District Judge Ronald Guzman of the court’s Northern Illinois district.

In a statement obtained by the Chicago Sun-Times, Jewel-Osco spokeswoman Karen May said Supervalu felt it complied with the law but settled to avoid spending further time, money and energy on the lawsuit.

“Supervalu and Jewel-Osco do not discriminate on the basis of disability. In fact, Jewel-Osco has been consistently recognized for its efforts to hire and accommodate people with disabilities, receiving awards from multiple advocacy organizations and being named one of the top employers in Illinois for people with disabilities by the Illinois Department of Human Services’ Division of Rehabilitation Services,” May said.



Read more: Supervalu to settle disability discrimination suit for $3.2 million | Minneapolis / St. Paul Business Journal

Shortfall Gives Hope to Disability Rights Advocates

Disability rights advocates try year after year to persuade lawmakers to close Texas’ state-supported living centers, the large, institutional-care settings that the United States Justice Department has monitored for dangerous conditions. Every time, their efforts have been rebuffed — by the adamant parents who rely on the facilities to care for their loved ones and by the lawmakers who count on the centers as economic drivers in their districts.

This session, advocates say they have a big plus in their column: the state’s giant budget crunch. They hope lawmakers, facing an estimated $15 billion to $28 billion shortfall, will have to shutter some of the centers, which cost Texas $500 million a year to operate.

“Does this economic reality make it easier for legislators to do it? I sure hope so,” said Amy Mizcles, governmental affairs director for The Arc of Texas, which wants people with disabilities to receive community-based care. “We keep hearing this fiscal-responsibility mantra. We have a real opportunity to provide better quality care in a much less expensive setting.”

So far, there is little evidence that state officials will take this course. State Senator Steve Ogden, Republican of Bryan, the key Senate budget writer who has been most open to downsizing the state schools, declined to comment.

Meanwhile, the Department of Aging and Disability Services, which operates the centers, said it was prohibited by state law from closing any of the state-supported living centers without legislative direction.

“We can’t,” said Cecilia Fedorov, a spokeswoman for the department. “But that doesn’t mean the Legislature can’t.”

Even with the budget shortfall, advocates for community-based care are not optimistic. Since state leaders ordered agencies to trim their budgets to help close the gap, the Department of Aging and Disability Services has recommended cutting new community-based care slots and slashing Medicaid reimbursement rates for workers at nursing homes, group homes and in-home facilities.

Meanwhile, money for the state-supported living centers has grown, a requirement of the state’s five-year, $112 million settlement with the Justice Department over conditions inside them.

“I’ve heard that everything will be on the table,” Ms. Mizcles said. “But every bit of action that’s been taken thus far is completely to the contrary.”

Parents who rely on the centers to care for their adult children say the influx of money is having an enormous positive impact. The settlement agreement “has been a wonderful thing,” said Nancy Ward, with the Parent Association for the Retarded of Texas. “We need to give them a chance to keep on doing the improvements with the money they got.”

According to advocates for community care, however, the state-supported living centers do not make financial sense. A third of the disability department’s budget for people with intellectual and developmental disabilities serves the 4,600 people living in 13 state-supported living centers — a comparable amount finances more than 17,000 people receiving care at home or in small-group settings. The annual cost per resident in a state-supported living center is roughly $120,000, compared with nearly $50,000 in community-based care.

(Read the full article here)

AbilityLinks.org, a free nationwide job opportunity website

AbilityLinks is a web-based community where job seekers with disabilities, inclusive employers and service providers meet and gain access to valuable networking opportunities.


Networking is accomplished through AbilityLinks.org, a free nationwide job opportunity website for qualified persons with disabilities, a group that is protected by equal opportunity employment laws and subject to affirmative action by federal contractors.

Job seekers use AbilityLinks.org to leverage their protected status by posting resumes and applying for jobs through the website. Businesses use AbilityLinks.org to identify qualified candidates with disabilities by posting jobs and reviewing resumes and applications submitted through the website.

Experienced and knowledgeable AbilityLinks.org Information and Referral Counselors, that happen to have a disability, offer live person support to employers, jobs seekers and service providers

  • Alert employers and job seekers to possible matches
  • Provide information about job accommodations, tax credits and disability benefits
  • Help individuals use the website to find jobs and recruit candidates
  • Offer job search advice and consultation via live chat, phone and email
  • Make referrals to local programs that provide job placement and disability recruitment services

The AbilityLinks Consortium
The AbilityLinks mission is to increase employment of qualified persons with disabilities. Non profits, businesses and government agencies join the AbilityLinks Consortium to demonstrate support for this mission and gain access to valuable disability employment networking opportunities.

Benefits
  • Empowers job seekers to leverage your disability status with employers seeking to increase their disability diversity
  • Easy way for businesses to identify qualified applicants with disabilities
  • Demonstrates your business is an equal opportunity employer
  • Demonstrates affirmative action if you are a federal contractor
  • Fast and free job search and disability recruitment advice
  • Free to search resumes, post jobs and list your employment program or disability owned business
  • Basic membership in the AbilityLinks Consortium is free. Sponsorships and annual premium memberships start at only $1,000 and include the option to set up an automated job feed.

A Track Record of Success

AbilityLinks innovative approach to promoting disability diversity has a proven track record of success. Almost 400 job seekers have reported finding employment since 2001 and unique website visitors have increased 20% each year since 2005.

http://www.abilitylinks.org