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EEOC Releases Two Reports On The Federal Workforce And Disabilities

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By Godson Umejiego, Bureau Chief, The Americas

The US Equal Employment Opportunity Commission (EEOC) today released two reports on people with disabilities in the federal workforce.

“Promising Practices for Using Schedule A to Recruit, Hire, Advance, and Retain Persons with Disabilities” examined how agencies use Schedule A hiring authority to appoint job applicants with certain disabilities to federal positions outside the competitive hiring process. In addition, “The Impact of Telework on Personal Assistance Services,” highlighted the programme which helps current workers with targeted disabilities—such as deafness and paralysis—perform major life activities during work hours, such as eating and caring for themselves.

Hiring under Schedule A requires the job applicant to have a documented disability, which includes a broad list of intellectual, severe physical, or psychiatric disabilities. The EEOC provides a guide for employers, service providers, and candidates on how to use Schedule A.

Section 501 of the Rehabilitation Act prohibits federal agencies from discriminating against job applicants and employees based on disability. Under Section 501 of the Rehabilitation Act and EEOC regulations, agencies must ensure that at least 12 per cent of workers are persons with disabilities (PWD) and at least 2 per cent of workers are persons with targeted disabilities (PWTD). Although participation rates have improved in recent years, they remain below the EEOC’s hiring goals. According to the EEOC’s FY 2020 Annual Report on the Federal Workforce, PWD participation rates increased from 8.70 per cent in fiscal year (FY) 2016 to 9.45 per cent in FY 2020. For PWTD, participation rates increased from 1.01 per cent in FY 2016 to 1.84 per cent in FY 2020.

“The EEOC and the Administration are focused on advancing equity for employees with disabilities and ensuring that the federal government is a model employer for persons with disabilities,” said  associate director of the EEOC’s Office of Federal Operations Dexter Brooks. “This report is part of our efforts under Executive Order 14035 to provide technical assistance and support the use of the Schedule A hiring authority. Agencies can use the listed promising practices to help increase employment of persons with disabilities.”

The EEOC’s report on telework and the Personal Assistance Services (PAS) programmes at 71 federal agencies highlighted how successfully agencies adapted their PAS programmes during the COVID-19 pandemic and removed barriers to employment in accordance with Section 501.

Typically, PAS programmes are provided in person, and most agencies reported that pandemic telework did not affect the ability to deliver PAS accommodations. An amendment to the Rehabilitation Act required all agencies to implement procedures for PAS by January 3, 2018.

“PAS programmes provide essential help to federal employees with targeted disabilities that allows them to continue being effective at work,” Brooks said. “Improving the funding and staffing of federal PAS programmes may help promote a more diverse federal workforce and offer employees with disabilities equal access to the benefits and privileges of employment.”

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination.

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