Some of those that are handicapped/handicapable face
challenges and obstacles that are so disabling that they need protections and
assistance beyond what is provided by the Americans with Disabilities Act
(ADA). This is where my post will pick
up, as we discuss another EEO Law today.
As always, please feel free to leave a comment or an opinion in the area
below.
EEO Laws - Rehabilitation
Act of 1973
Designed initially to replace the older and more limited
Vocational Rehabilitation Act, the act of 1973 extended services to the
disabled to assist them in getting and maintaining employment. The document states that the purpose of the Rehabilitation
Act was to “to empower individuals with disabilities to maximize employment,
economic self sufficiency, independence, and inclusion and integration into
society.” Qualified individuals with
disabilities are protected by the law; those people having significant
limitations in walking, seeing, breathing, working, etc.
Services
Under the Act, the Rehabilitation Services Administration was
established. This organization is in
charge of government grants and funding provided for the aid and rehabilitation
of those with disabilities. It is there
to support the operations of various programs including independent living
centers, service projects, and Randolph-Sheppard vending facilities. (Side note:
Randolph-Sheppard vending facilities are government cafeteria and
vending areas that are maintained by the blind.)
Employment
Protections
Under my post on the ADA, we previously discussed how
discrimination of the disable is illegal.
The protections offered for employment by the Rehabilitation Act are the
same as those for the ADA. Any disabled
employee or applicant will need to meet the qualifications for the job. Within reason, a disability may be accommodated
for, but an employee would still be required to complete their work as
assigned. Those interviewing a disabled
individual should match skills to job qualifications; focus on the person’s
abilities versus their disabilities.
Accommodation
Similar to the ADA, Federal Agencies, Contractors, and
Sub-Contractors are required to provide reasonable accommodation for those that
are disabled. So long as the
accommodation does not provide undue hardship for the company, the employing
organization is required to provide accommodation for the
handicapped/handicapable.
Affirmative Action
The Rehabilitation Act looks specifically at those working
directly for the US Government and associated contractors. In addition to protection from
discrimination, it also requires “affirmative action” in favor of the disabled. Generally speaking any Federal government contractor
or subcontractor with construction contracts greater than $10,000+, or
non-construction contracts of $50,000+ is subject to the Affirmative Action
dictates of the Rehabilitation Act. This
is
Complaints
Individuals may file a complaint against an organization
subject to the Rehabilitation Act if they feel that they have been
discriminated against. The person that
feels that they have been discriminated against has 180 days from the time of
discrimination to file. There may be
exceptions to this time frame is good cause can be shown. On the DOL website, there is a CC-4 complaint
form that can be completed and filed.
You can review those procedures and the form here: http://www.dol.gov/ofccp/regs/compliance/pdf/pdfstart.htm Failures
discovered by the Office of Federal Contract Compliance Programs may push
through valid complaints, potentially resulting in payments to the
discriminated individual and the loss of contracts.
All employers, especially those that have federal contracts,
should ensure that they are in compliance with the Rehabilitation Act.
And remember all of
you Human Resources professionals: Be Human... Be a Resource... Be a Resource
for Humans.
Useful Links:
Disclaimer: The views expressed in this post are by the author Trevor Stasik, and do not necessarily reflect the views of any employer or any other organization. Please note, this information is based on my understanding and is only to be used for informational and educational purposes. Do not take what I am writing as advice. Seek your own legal counsel and/or see a tax accountant before making business or personal decisions. The author of this post makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.
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