THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
July 2005
Annual Report to the Governor and the Legislature Presented by the California Governor’s Committee on Employment of People with Disabilities
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
THE CALIFORNIA GOVERNOR’S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES
Norman M. Owen, Esq., Chair Catherine Kelly Baird, M.S.W., Executive Director Clifford Allenby, Director Department of Developmental Disabilities Donna Barras, M.D., Medical Director Center for Applied Rehabilitation Technology Denise Boshers, Audit Manager Mayer, Hoffman, McCann Dennis Boyle, Director Department of Social Services Catherine Campisi, Ph.D., Director Department of Rehabilitation Donald R. De Jesse Landmark Consulting Janice Emerzian, Ed.D., District Director Disabled Students Program and Services Fresno City College Marc Goldman Damon Brooks Associates Ernest T. Hamilton Jr., Retired Appointee of the Speaker of the Assembly Patrick W. Henning, Director Employment Development Department Jeanne Heyerick, Ph.D., Vice President/ Public Policy Chair Brain Injury Policy Institute George A. Innes, Vice President/ Manager, Employee Relations Wells Fargo Bank Catherine Kaplan, Manager Disability Services Program Lawrence Livermore National Lab Randy Lowe, Senior Vice President Corporate Employment and Diversity Union Bank of California Michael Mankin Division of State Architect Stephen Mayberg, Ph.D., Director Department of Mental Health Paul K. Miller, Ph.D., Disabled Students and Student Athlete Assistance Project California State University, Fullerton Christina Mills, Chair State Independent Living Council David Morris Retired Maria Nicolacoudis, Executive Director TransAccess Norman M. Owen, Esq. Law Offices of Norman M. Owen Patricia O’Sullivan, Manager Global Disabilities Agilent Technologies Carlatta Pasos Tri-Solutions Edmond H. Pi, M.D., Clinical Professor of Psychiatry Harbor-UCLA Medical Center
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
THE CALIFORNIA GOVERNOR’S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES
Norman M. Owen, Esq., Chair Catherine Kelly Baird, M.S.W., Executive Director Teddie-Joy Remhild, Chair California Health Incentives Improvement Project, Personal Assistance Services Council Ann Ruth, Manager Computer Forensics Harry Servidio, Chief Financial Officer RadioMate Corporation Sandra Shewry, Director Department of Health Services Patricia Sieglen-Perry Med-Source Professional Personnel Anne Steiner, Consultant Disability Policy and Employment Eleanor Sue Apple Computer, Inc. Sarah Tom Appointee of Senate Committee on Rules Robert Van Fleet, Employment Consultant Transitions. . . Support for Change J. Vanessa Williams, Manager Workforce Diversity Lockheed Martin Space Systems
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
THE PURPOSE OF THE REPORT
This report informs the Governor, the California Legislature, the State Labor and Workforce Development Agency, and the State Health and Human Services Agency on the employment status of Californians with disabilities. Information and recommendations are provided on current employment-related issues, activities, and accomplishments to assist California’s key policy makers in adopting strategies to increase employment for people with disabilities. This is the second annual report to the Governor and the Legislature as mandated by Assembly Bill (AB) 925, the Workforce Inclusion Act, 2002. 1 The Employment Status of Californians with Disabilities was developed by the Governor’s Committee on Employment of People with Disabilities (Governor’s Committee). The Governor’s Committee is a partnership of state agencies and departmental leaders required by AB 925, additional department leaders whose programs support or enable employment for people with disabilities, the California Workforce Investment Board, the State Independent Living Council, the federally-funded California Health Incentives Improvement Project, and Governor’s Appointees, including individuals with disabilities, representatives of the business/employer community, and disability advocates. .
1
Chapter 1088, September 29, 2002, An act to add Sections 12803.6, 12803.65, and 12803.7 to the Government Code, to add Division 10 (commencing with Section 18000) to the Unemployment Insurance Code, and to amend Sections 12300 and 14132.95 of, and to add Sections 14007.95 and 14132.955 to, the Welfare and Institutions Code, relating to disabilities.
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
TABLE OF CONTENTS
Page
EXECUTIVE SUMMARY
RECAPPING THE FIRST YEAR OF ASSEMBLY BILL (AB) 925, 2003-04 SUMMARIZING THE PAST YEAR – 2004-05 PLANS – 2005-06 i ii v
FRAMING THE POPULATION
THE EVOLUTION OF DISABILITY POLICY DEFINING DISABILITY DEFINING THE TARGET POPULATION CURRENT DATA THE EMPLOYMENT STATUS OF AMERICANS WITH DISABILITIES NATIONAL DISABILITY POPULATION, EMPLOYMENT, AND POVERTY DATA THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA DISABILITY POPULATION AND EMPLOYMENT DATA
1 3 4 7 9 10 12
FOR CONSIDERATION
THE ECONOMIC ENVIRONMENT
THE SHRINKING WORKFORCE TALENT SHORTAGE INCREASING DEMAND FOR DISABILITY FUNDS FOR CONSIDERATION 14 15 16 17
CALIFORNIA RESPONDS
AB 925, THE WORKFORCE INCLUSION ACT A SUSTAINABLE COMPREHENSIVE STRATEGY
ASSUMPTIONS WHY CALIFORNIA NEEDS A COMPREHENSIVE STRATEGY BELIEFS FINAL STANDARDS OF EXPECTATION SUSTAINABILITY
18 19 19 20 21 21
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
TABLE OF CONTENTS
Page
CALIFORNIA RESPONDS (cont)
DIRECT EMPLOYMENT SUPPORTS
DISABILITY PROGRAM NAVIGATORS WORK INCENTIVE GRANT III BENEFITS PLANNING AND COORDINATION
21 22 23 23 24 26 27 27 30 30 31 34
HEALTH AND HUMAN SERVICES SUPPORTS
THE DEPARTMENT OF REHABILITATION VOCATIONAL REHABILITATION SERVICES PROGRAM INDEPENDENT LIVING MEDICAL COVERAGE AND PERSONAL ASSISTANCE THE CALIFORNIA HEALTH INCENTIVES IMPROVEMENT PROJECT DEPARTMENT OF REHABILITATION/MENTAL HEALTH COOPERATIVE PROGRAMS
PROPOSITION 63, THE MENTAL HEALTH SERVICES ACT OTHER SUPPORTS
EDUCATION HOUSING AND TRANSPORTATION
PARTNERSHIP ACTIVITIES IN BUILDING CAPACITY FOR ACCESSIBILITY IN THE ONE-STOP CAREER CENTER SYSTEM
AN INVENTORY OF STATE EMPLOYMENT-RELATED PROGRAMS AND SERVICES FOR PEOPLE WITH DISABILITIES TRAINING FOR EQUAL OPPORTUNITY OFFICERS TRAINING FOR STAFF ON DISABILITY AWARENESS, ETIQUETTE, AND LAW TRAINING TO IMPROVE UNIVERSAL ACCESS FOR PEOPLE WITH MENTAL HEALTH DISABILITIES ASSISTIVE TECHNOLOGY DEMONSTRATION GRANTS YOUTH LEADERSHIP FORUM FOR STUDENTS WITH DISABILITIES 36 36 37 37 38 38
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
TABLE OF CONTENTS
Page
EMPLOYER ISSUES AND MODELS
THE STATE AS A MODEL EMPLOYER PRIVATE SECTOR EMPLOYERS
MODEL EMPLOYERS EMPLOYER OUTREACH
40 42 43
MOVING FORWARD WITH SOLUTIONS
SUMMARY OF RECOMMENDED CONSIDERATIONS 44
APPENDICES
Appendix 1 MEMBERS OF THE GOVERNOR’S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES Appendix 2 INVENTORY OF STATE EMPLOYMENT-RELATED PROGRAMS AND SERVICES FOR PEOPLE WITH DISABILITIES Appendix 3 CITED LEGISLATIVE DEFINITIONS FOR DISABILITY Appendix 4 CALIFORNIA DISABILITY DISTRIBUTION BY COUNTY 2000 Appendix 5 CALIFORNIA HEALTH INCENTIVES IMPROVEMENT PROJECT GOALS AND OBJECTIVES FOR 2005 Appendix 6 ASSISTIVE TECHNOLOGY DEMONSTRATION GRANT PROJECTS Appendix 7 EQUAL EMPLOYMENT OPPORTUNITY OFFICER QUESTIONNAIRE 47 48 49 56 58 60 64
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
EXECUTIVE SUMMARY
RECAPPING THE FIRST YEAR OF ASSEMBLY BILL (AB) 925, 2003-04 In its first annual report in July 2004, the Governor’s Committee set the baseline for the employment status of Californians with disabilities and described the initial efforts taken to implement AB 925, the Workforce Inclusion Act. The report described: • • The provisions and objectives of AB 925; The mandated composition of the Governor’s Committee, 2 e.g., key State department leaders and appointed representatives from the disability and business communities; and, The legislated role of the Governor’s Committee as the statewide forum through which members and stakeholders confer on disability employment issues. The Governor’s Committee formulates policy recommendations, and advises the Labor and Workforce Development and Health and Human Services Agencies on matters related to the employment needs of people with disabilities.
•
The 2004 annual report provided data on the then-current employment status of Californians with disabilities and provided information on the State’s efforts to address disability employment issues. It listed the most frequently reported employment barriers for people with disabilities, and identified the challenges in trying to remove those barriers, despite supportive federal and state legislation. Last year’s annual report also pointed out the lack of reliable federal or state data with which to assess the true employment status of Californians with disabilities or to measure the results of improved programs and systems accessibility. In the 2004 annual report, the Governor’s Committee provided recommendations to the Governor and the Legislature on the need to: • Develop a disability data reporting and collection system that will produce reliable data upon which to build sound disability policy;
2
Appendix 1.
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EXECUTIVE SUMMARY
• Develop a sustainable comprehensive strategy to bring the employment rate of people with disabilities as close as possible to that of the general population; Support efforts to ensure consistent program and physical accessibility within the One-Stop Career Center System, including well-trained staff, available assistive technology, and increased marketing efforts toward people with disabilities; and Support increased efforts to educate and engage the employer community in efforts to assist people with disabilities to secure and maintain employment.
•
•
SUMMARIZING THE PAST YEAR - 2004-05 In 2004-05, the Governor’s Committee moved consistently forward toward achieving the goals and objectives of AB 925. Responding to the issues raised by the recommendations in last year’s report, the Governor’s Committee took the following actions:
•
To address the issue of unreliable data, the Governor’s Committee collaborated with the California Health Incentives Improvement Project 3 in contracting the University of California, San Francisco (UCSF), to conduct a study of the various statistical sources available relating to disability, health, and employment. In April, 2005, Mitchell LaPlante, Ph.D. and Steven Kaye, Ph.D. of UCSF made a presentation to the Governor’s Committee on the results of their study. 4 To address California’s need for a sustainable comprehensive strategy for the employment of people with disabilities, the Governor’s Committee, including the California Health Incentives Improvement Project, drafted a framework for a statewide strategy and implemented a process to enable State and local stakeholders to submit their recommendations.
•
3 4
Described under Health and Human Services Supports. For details, refer to Defining the Target Population and Current Data, pages 4 - 7.
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EXECUTIVE SUMMARY
The primary objective of the strategy will align with the principal goal of AB 925; to bring the employment rate of Californians with disabilities as close as possible to that of the general adult population. The goal of a comprehensive strategy is a seamless delivery system of employment and support services for all employers, employees, and jobseekers, including those with disabilities. 5 To ensure consistent program and physical accessibility within the OneStop Career Center System, the Governor’s Committee, in partnership with the Department of Rehabilitation, provided training and technical assistance to participants, including State Regional Advisors and Program Managers, One-Stop Career Center staff, Disability Program Navigators, and Equal Opportunity Officers throughout California. Training topics included: federal Workforce Investment Act, Section 188 (nondiscrimination); state and federal disability law; mental health issues; and disability awareness and etiquette. The Governor’s Committee, Employment Development Department, Department of Rehabilitation, and California Workforce Investment Board awarded $760,000 in Workforce Investment Act funds to 10 Local Workforce Investment Boards to purchase assistive and universally designed technology for California’s One-Stop Career Centers. These grants provide improved job-related services to customers who are deaf or hard of hearing and/or are blind or visually impaired. Partners have conducted marketing and outreach efforts targeting people with disabilities, employers, and the public and private workforce development community. Topics covered include the Medi-Cal Working Disabled Program, In-Home Supportive Services at the Workplace, Disability Program Navigators, benefits planning, and how to become an Employment Network for the federal Ticket to Work Program. 6
5 6
For details, refer to A Sustainable Comprehensive Strategy, pages 18 - 20. For details, refer to Direct Employment Supports, pages 20 – 22, Medical Coverage and Personal Assistance and the California Health Incentives Improvement Project, pages 25 - 28, Training for Equal Opportunity Officers, page 35, Training for Staff on Disability Awareness, Etiquette, and Law and Training to Improve Universal Access for People with Mental Health Disabilities, page 36.
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EXECUTIVE SUMMARY
To increase the engagement of employers in hiring people with disabilities, the Governor’s Committee works in partnership with the California Workforce Investment Board, the U.S. Department of Labor’s Business Relations Group, local Mayors’ Committees, and other business organizations. The Governor’s Committee and the California Health Incentives Improvement Project are working together to ensure that the business community is well represented at the focus groups soliciting public comment on the development of recommendations for the comprehensive strategy. The Governor’s Committee is also working with the State Personnel Board to increase employment opportunities for people with disabilities in State service. 7 In addition to the activities listed above, the Governor’s Committee worked in partnership with the U.S. Department of Labor-Region VI, the Employment Development Department and the Department of Rehabilitation in producing a three-day, multi-state disability-training forum. The forum, Building Employment Opportunities for People with Disabilities, was held on March 29-31, 2005, in Sacramento. Over 50 training workshops were available to participants on a wide range of topics, including, but not limited to, employment and education for people with disabilities, discrimination issues, access to health care, services to youth with disabilities in transition from school to work or higher education, and disability policy. More than 450 disability stakeholders representing 11 states attended the forum. The Governor’s Committee established an interdepartmental workgroup to collaborate on developing an inventory of state employment-related programs and services for people with disabilities. 8 The inventory will be used in 2005-06 to identify gaps in services, as well as areas of duplication/overlap of services, and to explore opportunities for further interdepartmental coordination and resource leveraging. The California Health Incentives Improvement Project created and produced three brochures explaining the Medi-Cal Working Disabled Program that encourages employment for adults and youth with disabilities. The brochures, available in five languages and alternative
7 8
For details, refer to The State as a Model Employer, pages 40 - 42. Appendix 2.
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EXECUTIVE SUMMARY
formats, were distributed to front line staff in employment, health, social services, community-based organizations, and the U.S. Social Security Administration. The Governor’s Committee meets jointly with the California Health Incentives Improvement Project Advisory Committee. This partnership, strengthened by having some common members, ensures that the efforts of both Committees are aligned and that employment and health supports for people with disabilities remain integral to each other. The Employment Development Department provided funding to make America’s Jobline® available in California. America’s Jobline® was developed to assist people who do not have (or cannot use) standard computers. It provides audible access to persons who cannot see or cannot read standard video display terminals. It is instantly available by telephone 24-hours-a-day to provide all job announcements in a highquality synthetic speech format instead of printed text and provides all callers with the ability to search America’s Job Bank, a national on-line database of all One-Stop Career Centers’ job listings. The Governor’s Committee has made significant progress in meeting the requirements of AB 925 since its enactment. State and local partnerships have expanded and solidified, as has the membership’s understanding of the law and related issues. Public outreach on work incentives and OneStop Career Center services has increased through the development and distribution of printed materials and linkages with local service providers and employers. Assorted Internet sites now provide local resource maps for services to youth in transition, work incentives program information, and benefits planning assistance, e.g., www.disabilitybenefits101.org, www.improvingyouthtransitions.org, and www.chiip.org. PLANS - 2005-06 In the coming year, the Governor’s Committee will focus on completing the recommendations for California’s sustainable, comprehensive strategy for the employment of people with disabilities. In partnership with the California Health Incentives Improvement Project, the Governor’s Committee is soliciting recommendations for elements of the strategy, including suggestions for success measurements, from public and private stakeholders through the use of public meetings, mass mailings, local focus groups, conferences, the Internet, and more.
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EXECUTIVE SUMMARY
These recommendations will be reviewed and incorporated into a flexible, sustainable comprehensive strategy designed to systematically eliminate employment barriers, improve program and physical access within the workforce development system, and expand public and private understanding of disability benefits planning, work incentives, and health care access. In the coming year, the Governor’s Committee will concentrate on engaging the much-needed involvement of the educational community, strengthening the partnership with the Health and Human Services Agency and its departments, and expanding business leadership participation. Building upon its current successes, the Governor’s Committee will continue to coordinate state and local efforts to ensure full workforce inclusion of Californians with disabilities.
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THE EVOLUTION OF DISABILITY POLICY Historically, society has imposed barriers that subject too many people with disabilities to lives of dependency, segregation, isolation, and exclusion. In many aspects of our culture, the outdated idea that people with severe disabilities are defective and in need of fixing (the medical model) still prevails. Social discrimination is the single most significant problem experienced by people with disabilities. 9 Too often this discrimination has been reinforced by institutional policies, practices, and procedures adopted by employers, business, and public agencies. 10 For years, people with disabilities have been seeking equal access to all activities of community life, including competitive employment. They desire and are entitled to develop the work skills that will lead to meaningful employment opportunities with adequate wages, work hours, and health insurance, and the potential to accumulate assets and other benefits. In 2004, the National Organization on Disability/Harris Poll reported that 35 percent of people with disabilities worked full or part-time (compared to 78 percent of people without disabilities). This is an increase in the employment rate of three percent from the 2000 poll. Of those not working, almost two-thirds (63 percent) of people with disabilities would prefer to work (compared to 42 percent of people without disabilities). Obtaining and maintaining employment are critical for people with disabilities to exercise their civil rights of equal opportunity and inclusion. 11 Additionally, when people with disabilities move from public assistance programs to employment, government and society benefit from the increase in taxpayer revenue and the reduced strain on limited assistance funds.
9 10 11
U.S. Department of Labor Web site: http://www/DOL.gov/odep/archives/htm. Emerging Disability Policy Framework: A Guidepost for Analyzing Public Policy, Robert Silverstein, Center for the Study and Advancement of Disability Policy (CSADP), 85 Iowa L. Rev.1691 (2000). Testimony of Professor Peter Blanck before the U.S. House of Representatives, Committee on Governmental Reform, Subcommittee on Human Rights and Wellness, June 24, 2004, www.nod.org.
1
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FRAMING THE POPULATION
The role that employment has played for persons with disabilities over the past several decades has moved from one of no engagement in the workforce to a realization that people with disabilities can work and are interested in work. 12 Since the birth of the disability rights movement over 30 years ago, there has been an evolution of how the nation regards disability. Policymakers began to react to the criticisms and challenges expressed by people with disabilities, their families, and other advocates. Lawmakers recognized and responded to the undermining effects that institutional barriers have on people with disabilities---and on the economy. This shift is clearly reflected in the many federal and state public policies that have been enacted during this time to increase the inclusion of persons with disabilities into the employment arena and all aspects of community life. Along with the policy and legislative shifts, business and government are now realizing that with the predicted labor shortage due to retiring baby boomers, they must consider the full universe of potential workers, including those once considered unemployable. They are coming to recognize that with a shift in perspective, and the availability of assistive technology and auxiliary aids and services, they may now concentrate on people’s abilities rather than their disabilities. The new disability paradigm is a critical component in mobilizing every available labor pool to meet the workforce needs of the 21st century. Most people will experience some form of disability, either permanent or temporary, over the course of their lives. Given this reality, if disability were more commonly recognized and expected in the way that we design our environments or our systems, it would not seem so abnormal. 13 Disability should be seen as a naturally occurring part of the human experience. To a large extent it can be regarded as a social construct. Rather than focusing on fixing the individual, attention can be directed to making effective and meaningful changes to the environment, whether it
12
13
Economic Engagement: An Avenue to Employment for Individuals with Disabilities, prepared for the Centers on Medicare and Medicaid Services by the Institute for Community Inclusion, University of Massachusetts, October 2004. The Definition of Disability, Deborah Kaplan, Director of the World Institute on Disability; The Center for an Accessible Society, http://www.accessiblesociey.org/topics/demographics-identity/dkaplanpaper.htm.
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be natural, constructed, cultural, or social. In other words, current political, social, and legislative emphasis should be focused on eliminating the barriers that continue to preclude people with disabilities from participating fully in society’s mainstream. 14 It is in the best interest of all to recognize disability as a demographic that may simply need some accommodation. DEFINING DISABILITY In order for California to improve the way it addresses the issues associated with employment for people with disabilities, it is essential that comprehensive data regarding the demographics of the disability community in California is available for review and analysis. Analyzing current data presents significant challenges since disability is often defined in terms of specific missions or eligibility for particular programs. In addition, some data, such as census data and data on people with disabilities served in One-Stop Career Centers or Independent Living Centers reflects self-reported information. Other systems, such as vocational rehabilitation, special education, disabled student services in colleges and universities, the regional center system, and Social Security, require verification of disability by appropriate professionals. Unlike many other disability and civil rights laws, AB 925 does not specifically define “disability.” Therefore, the Governor’s Committee uses a combination of the disability definitions contained in the federal Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 Section 504, and the California Fair Employment and Housing Act, whose definition is broader than that contained in the two federal laws. All of these definitions reflect the three types of discrimination encountered by people with disabilities, so for the purposes of this report, the term “disability” means, with respect to an individual: • • • A physical or mental impairment that limits one or more of the major life activities; A record of such an impairment; or, Being regarded as having such an impairment. 15
14
15
Economic Engagement: An Avenue to Employment for Individuals with Disabilities, prepared for the Centers on Medicare and Medicaid Services by the Institute for Community Inclusion, University of Massachusetts, October 2004. Appendix 3.
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This definition brings into focus the population that will benefit from improved policies and practices regarding accessibility to all employmentrelated programs and services. The definition of disability ultimately determines the costs of various programs. It also determines who will be protected from disability-based discrimination. 16 DEFINING THE TARGET POPULATION AB 925 mandates statewide efforts to “bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general adult population.” Measuring success in achieving this mandate is dependent upon accurate measures of both the prevalence of disability in the population and the rate of employment of persons who meet some standard definition of having a disability. Disability population statistics alone are difficult to interpret when it comes to defining the disability population targeted for employment assistance. They can be particularly misleading when attempts are made to compare the employment rate of people with disabilities with that of the general population. Recognizing this, the California Health Incentives Improvement Project contracted in late 2004 with UCSF for a statistical study of disability employment in California. The Governor’s Committee worked with staff from the California Health Incentives Improvement Project and UCSF in defining the parameters of the study. The initial draft report of this study was completed on April 15, 2005, and it was presented to the Governor's Committee on April 27, 2005. The final report is due for publication in late summer 2005. Information contained in the report will assist the Governor’s Committee and the California Health Incentives Improvement Project to better interpret existing data, to set reasonable, data-based goals for improved employment rates for people with disabilities, to support goals #5 and #9 of the sustainable comprehensive strategy, and to recommend changes to existing survey questions.
16
Steven R. Gregory, AARP Public Policy Institute, Data Digest Number 98, August 2004.
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In the introduction to their report, Drs. Mitchell P. LaPlante and H. Stephen Kaye address the AB 925 mandate, “as the rate of employment of people with disabilities continues to lag well behind that of people without disabilities, the important question is how close is ‘as close as possible’?” “It is important to realize that our understanding of the employment status of people with disabilities is highly dependent on how we define disability. Because the various national and state surveys measure disability in different ways, the size of the population identified as having disabilities varies greatly from survey to survey. Some surveys capture only a core group of people with relatively severe disabilities; such people tend to have low employment rates, and thus the employment gap between adults with disabilities and those without is large. Other surveys use much broader definitions of disability, resulting in a large disability population that includes not only those with more severe disabilities, but also many more people whose disabilities are less severe. For such a population, the employment rate is much closer to that of the non-disabled population, and thus the employment gap is relatively small. 17 ”
Table 5. Disability rate, employment rate of people with disabilities, and employment gap among Californians aged 18–64, from various surveys. EmployDisability ment rate Employment gap Survey Year Type of disability measure rate (%) among PWD (%) (%) Behavioral Risk Factor Survey 2003 Activity limitation 19.3 46.0 25.9 California Health Interview 2001 Activity limitation 18.4 56.6 20.0 Survey Survey of Income & Program 2002 Functional limitation 16.8 52.7 24.1 Participation American Community Survey 2003 Six functional measures 10.4 36.0 37.2 Decennial U.S. Census* 2000 Four functional measures 8.9 38.6 32.5 National Health Interview 2001 Activity limitation 8.2 32.7 46.0 Survey California Health Interview 2003 Help/equipment for 4.4 25.1 47.2 Survey ADL/IADL * Decennial U.S. Census rates adjusted by eliminating results from two problem questions.
17
LaPlante & Kaye, 2005.
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FRAMING THE POPULATION
Drs. LaPlante and Kaye consider the 2003 American Community Survey to be the most useful survey and state-of-the-art. It is conducted by the U.S. Census Bureau and in 2003, two of the six questions used to identify persons with disability were adjusted for problems identified in the 2000 Decennial U.S. Census. The six questions reflect having: • • • • • • A condition that substantially limits one or more physical activities; A condition that makes it difficult to work; A cognitive difficulty; Difficulty going outside alone; A sensory impairment; and/or, Difficulty with self-care.
In 2003, responses to these questions indicated California’s disability rate of adults aged 18 to 64 years was 10.4 percent. This is lower than the national average of 11.7 percent and places California as the 12th lowest, or 38th among the states in their rate of self-reported disability. This study also reports that 36 percent of Californians with disabilities ages 18-64 are employed. On this measure, California falls below the national average of 37.8 percent, and ranks thirty-ninth among the states, or 11th lowest in the employment rate of adults with disabilities. Thus, while working age Californians are less likely to have a disability than Americans as a whole, Californians with disabilities are employed at a rate just below the national average. The gap in employment between Californians with disabilities and those without disabilities is 37.2 percent, also just below the national gap of 38.3 percent. The rate of employment of people with disabilities would have to be doubled in California in order to come close to the employment rate of those without disabilities; however, the same is true for the nation as a whole. Drs. LaPlante and Kaye go on to say, “While there are a variety of barriers to be overcome in successfully implementing a policy of full employment for people with disabilities, health is one of the important factors that needs to be better understood. Poor health is a substantial barrier to greater equalization of employment between people with and without disabilities. A slim majority of people with disabilities is in good health, 6
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
FRAMING THE POPULATION
and people with disabilities are far more likely to report poor health than their non-disabled counterpart. Poor health, in turn, has a depressing effect on employment. It is a fair criticism that health has been largely neglected in employment research and policy on disability. In this report, we explore the relationship of health status and employment to see how much of the gap in the rate of employment can possibly be accounted for by health. We show that about half of the gap in the employment rate between people with and without disabilities is associated with their health. As a result, we recommend that a ‘health adjusted’ employment rate be used as a tool to better assess that part of the employment gap that can be effectively closed. This suggests that ‘as close as possible’ is a halving of the gap that now exists. But we also suggest that health is mutable, and that our findings should be met with rededication to ensuring better health for people with disabilities by providing adequate access to health services.” CURRENT DATA Sound data are the bedrock of responsible policy development and dependable trend projections. Any data collection relevant to policy development - whether in employment, crime, health, or other areas must include a way to identify implications for people with disabilities. Major efforts are underway at the federal level to define the parameters of disability consistent with the new paradigm and to gather information in ways that facilitate cross-agency comparison, while providing a sound base for developing policy. Progress has been made, but the work is not completed. 18 The study of California disability employment statistics conducted by Drs. LaPlante and Kaye, as well as the various surveys referenced in this document, helps to illuminate the range of complexities associated with measuring disability and employment. Scores of surveys exist to measure disability for any number of purposes - health, population, cultural differences, employment, benefits entitlement, crime, education, and the economy. Disability survey questions are designed to capture the population that most aptly fits the purpose of the survey. Additionally, most of the currently used surveys were developed under the old disability
18
Integrating Measurements of Disability in Federal Surveys: Seminar Proceedings, Department of Health and Human Services, Centers for Disease Control and Prevention-National Center for Health Statistics, July 2002.
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paradigm and have not caught up with today’s shift in thinking. 19 For these reasons the reader will find that the data provided herein may not be as numerically reliable as they are illustrative of the “big picture.” Depending on which survey is cited, the numbers may disagree, but a true picture emerges, nevertheless. The employment rate of adults with disabilities is significantly lower than that of the general population; people with disabilities are more likely to live in poverty than people without disabilities; the number of elementary and high school students with emotional, psychological, and learning disabilities is rising; the number of adult prisoners and youth detainees with disabilities, especially learning disabilities, is disproportionate to the general inmate population; and the number of homeless, unemployed veterans with disabilities in California is growing.
19
Integrating Comparable Measures of Disability in Federal Surveys: The National Center for Health Statistics, Gerry E. Hendershot, Ph.D., printed in Vital and Health Statistics, Series 4, Number 32, July 2002.
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THE EMPLOYMENT STATUS OF AMERICANS WITH DISABILITIES NATIONAL DISABILITY POPULATION, EMPLOYMENT, AND POVERTY DATA Employment Among Persons in the U.S. Aged 16 to 64 (U.S. Census 2000)
Men
80% 60% Without a Disability With a Disability 67% 51%
Women
Employment Among Persons in the U.S. Aged 16 to 64 (American Community Survey 2003)
Men 41% 68% 34% 0% 20% 40% 60%
80%
Women
Without a Disability With a Disability
80%
100%
Note: The U.S. Census Bureau introduced a new skip pattern for the disability questions in the 2003 ACS questionnaire. This change affected mostly the two items measuring go-outside-home disability and employment disability. Accordingly, trend analysis using year 2003 and prior years is not recommended for the relevant questions. Employment and unemployment estimates may vary from the official labor force data released by the Bureau of Labor Statistics because of differences in survey design and data collection.
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Poverty Rates Among Persons in the U.S. Aged 5 and Older (U.S. Census 2000)
Aged 5 to 15
15.7% 25.0% 9.6% 18.8% 7.4% 13.2% Without a Disability With a Disability
Aged 16 to 64
Aged 65 and Older
THE EMPLOYMENT DISABILITIES
STATUS
OF
CALIFORNIANS
WITH
CALIFORNIA DISABILITY POPULATION AND EMPLOYMENT DATA The 2000 U.S. Census estimated California’s overall population at 33.9 million, with working age adults, between 21 and 64 years old, at 19.2 million. Of those 19.2 million working age adults, more than 3.8 million, or 20 percent, reported having a disability. 20 Seventy three (73) percent of the 15.4 million working age adults without disabilities were employed. Fifty-five (55) percent of the 3.8 million working age adults with disabilities were employed.
20
Appendix 4.
10
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
FRAMING THE POPULATION
Disability status of the civilian noninstitutional population 21
All
Male
Female
Population 21-64 Years With a disability Percent employed No disability Percent employed
19,210,794 3,848,497 54.9 15,362,297 73.1
9,497,890 1,999,998 60.2 7,497,892 81.3
9,712,904 1,848,499 49.1 7,864,405 65.3
Population 18-34 Years With a disability Percent enrolled in college or graduate school Percent not enrolled and with a bachelor’s degree or higher No disability Percent enrolled in college or graduate school Percent not enrolled and with a bachelor’s degree or higher
8,260,270 1,348,498 16.4 7.5 6,911,772 23.3 16.4
4,168,376 744,023 14.6 7.0 3,424,353 21.6 15.6
4,091,894 604,475 18.6 8.1 3,487,419 24.9 17.1
21
For a statistical analysis of disability for each county in California, see Appendix-Part #1 of the Statewide Independent Living Needs Assessment prepared for the State Independent Living Council by InfoUse, Berkeley, CA, June 23, 2003, www.calsilc.org.
11
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
FRAMING THE POPULATION
Additional Statistics on Disability in California The American Community Survey (ACS), conducted by the U.S. Census, provides statistical estimates of population that are used as the basis for planning and funding decisions for many federal programs as well as used for state and local planning and decision-making. Since 2000, the Census and the ACS provide, for the first time, statistical estimates of some measures of disability that can be used at the state and local level. Many of the other national surveys of disability do not support state, county, and local estimating. California statewide estimates from the ACS 2003 show that approximately four million people in California age five and over (12.9 percent) have a disability, and (2.4 percent) report difficulty in self-care activities (dressing, bathing, or getting around inside the home). Seventeen (17) percent of people reporting a disability describe family income as at or below poverty level, compared to 12 percent of people without disabilities. For those reporting a self-care disability, almost 20 percent of families are in poverty. In California, almost 20 percent of people with disabilities live alone, compared to 8 percent of people without disabilities. Over 70 percent of people without disabilities in California report being employed, while for people with disabilities, 36 percent were employed. Only 14 percent of people reporting self-care disabilities were employed. Over 80 percent of those in California with self-care disabilities are not in the labor force, compared to 20 percent for those without disabilities and 57 percent for those reporting any disability. 22 FOR CONSIDERATION As stated in last year’s annual report on the employment status of Californians with disabilities, the Governor’s Committee recommends for consideration a concerted statewide effort to develop a disability and employment data reporting and collection system that will better enable the State to meet the workforce development challenges of the future. In the coming year, the state department leaders on the Governor’s Committee will pursue common data elements and collection methods to begin developing an effective information exchange that will enable the state to identify improvements in employment outcomes for people with disabilities.
22
http://www.calsilc.org/SILCNeedsAssess.pdf, Page 6.
12
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
FRAMING THE POPULATION
Regarding the employment of adults with disabilities, the Governor’s Committee concurs with the U.S. Department of Labor’s assertion that continued attention is needed on these key elements: • • • • Improvement in the education and training of persons with disabilities; More outreach on the part of the employment community to recruit jobseekers with disabilities; A better understanding of reasonable accommodation; and Efforts to break through the attitudinal barrier that is so detrimental to full integration of people with disabilities in the employment arena. 23
It would appear that investing in the education, training, job-readiness, and employment of individuals with disabilities could result in notable long-term financial, business, and social benefits for California.
23
Summarized from the U.S. Department of Labor Web site http://www.DOL.gov/odep/pubs/ek01/stats.htm, 2004.
13
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
THE ECONOMIC ENVIRONMENT
THE SHRINKING WORKFORCE The Employment Policy Foundation (EPF) predicts that the U.S. will face a national shortage of qualified workers to meet the demands of the expanding job market. 24
Job growth coupled with the retirement of baby boomers is the primary factor contributing to this impending skilled labor shortage. The EPF projects that by 2031 nearly 50 million workers in today’s labor force will have reached age 65. Additionally, between 2003 and 2013, 30.7 million job openings will exist that require at least a two-year college degree. Current graduation rates, however, indicate that only 23.3 million new college graduates will be available to fill those positions. If the rate of college graduates declines, as some predict, the gap will increase further. 25
24 25
http://www.epf.org/commentary/powerpoints/2003/AWR2003/
Data Dome, Inc., Workforce Trends Newsletter Volume 3, Issue 2 2004, http://www.datadome.com.
14
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
THE ECONOMIC ENVIRONMENT
On the other hand, people today are living longer and maintaining health well into advanced age. Therefore, it is presumed that more people will remain on the job past the typical retirement age. A Los Angeles Times article published on February 24, 2005, states, “The number of employed workers 75 and older grew from 669,000 in 1994 to just under 1 million last year, according to Labor Department statistics. Those numbers will increase as the large baby boom generation ages”. “For many of the older seniors, work will not be a choice but a necessity.” 26 Although a large number of aging workers will choose retirement in the next several years, it is also likely that business will retain many of its older, well-skilled, and experienced workers. However, those employees choosing to remain in the workforce will present the business community and policy makers with a growing set of age-related disabilities that will need to be addressed. Older workers have unique challenges and different medical needs than younger adults. The average 75 year-old has three chronic conditions and uses five prescription drugs. It is not enough to be aware of the demographic imperative; we must also be prepared for it. 27 TALENT SHORTAGE Whether or not a significant number of seniors remain working, the number of jobs available is slated to outgrow the older worker population. It is expected that there will not be a sufficient number of workers with enough education, training, or skills to replace those who are retiring and to keep pace with job growth. The national shortage of available skilled workers could exceed 10 million by 2010. 28 One-fifth (20 percent) of the country's large established companies could be losing 40 percent or more of their top-level talent in the next five years. The replacement pool of 35-44 year olds will decline by 15 percent during the same period. Additionally, within the next 10 years, 18 million jobs will require individuals with baccalaureate degrees. At current graduation levels, the EPF predicts a shortfall of 6 million workers. Job growth in occupations requiring a degree is projected to increase 42 percent by 2010. 29
26 27 28 29
Los Angeles Times, A New Wrinkle in Workforce, Catherine Saillant, February 24, 2005. Merck Institute of Aging and Health. Data Dome, Inc., Workforce Trends Newsletter Volume 4, Issue 1, 2005, http://www.datadome.com. Ibid.
15
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
THE ECONOMIC ENVIRONMENT
In 1950, over 60 percent of all manufacturing jobs required unskilled labor; today less than 15 percent of all manufacturing jobs are unskilled. In 1973, blue-collar workers represented more than 60 percent of the workforce. Very shortly, just 10 percent of the workforce will be blue-collar. The Hudson Institute estimates that by 2006, only 20 percent of our workers will have the skills to do 60 percent of the jobs. 30 INCREASING DEMAND FOR DISABILITY FUNDS According to the last national survey conducted by the Social Security Administration, in the five years from 1989 through 1994, the number of Social Security Disability Insurance (SSDI) beneficiaries increased 40 percent (from 2.8 million to almost 4 million) and benefit payments increased 65 percent (from $23 billion to $38 billion). Dramatic trends in eligibility were also seen for the Supplemental Security Income (SSI) program during that same time. The number of disabled SSI recipients rose from 2.1 million in 1989 to 3.2 million in 1994, an increase of 52 percent. 31 Two factors are key when considering the future of funding disability support benefits: • Survey data with self-reported health measures indicates there are a substantial number of people not on the disability rolls whose impairments are severe enough to meet the Social Security definition of disability. If other relevant factors, such as a turndown in the economy or changes in the structure of the labor force, induce these people to apply for benefits, the number may surge. 32 Few workers with disabilities leave benefit programs due to resumption of work activity. The reasons for this are complex and multi-faceted. Nonetheless, this is a major concern since a 1997 report by the U.S. General Accounting Office showed that the lifetime savings for each one percent of the SSI and SSDI beneficiaries leaving the rolls is $3 billion. 33
•
30 31 32 33
Ibid. Measures of Disability for the National Study of Health and Activity, Susan Kalasunas, Social Security Administration. Ibid. Ibid.
16
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
THE ECONOMIC ENVIRONMENT
FOR CONSIDERATION Some ways for California to deal with rising disability-related costs are: to explore the potential for improved return-to-work policies; to implement strategies to accommodate, and thus retain, people with disabilities and aging individuals who are currently working; and to insist upon and support a unified state and local effort to attract and encourage nonworking people with disabilities into unsubsidized employment. To address the current budget constraints and the upcoming workforce and talent shortages, as well as the independent living needs of Californians with disabilities; California needs to: • Identify and eliminate the barriers encountered by job seekers and employees with disabilities, and employers in the private and public sectors; Weave the existing patchwork of employment and social services into an accessible seamless system for all through the One-Stop Career Center System; Maximize the use of resources through shared funding of services; and, Address the needs of tomorrow’s labor force today by outreaching to the local educational community, increasing awareness of services available at One-Stop Career Centers, and working collaboratively on state and local levels to improve transition outcomes for youth with disabilities. Additional efforts to meet tomorrow’s workforce needs include making effective use of labor market information and job match capabilities to strengthen the confidence of consumers, and customizing services to the individual.
•
• •
17
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
California’s Vision
Developed jointly by the California Governor’s Committee on Employment of People with Disabilities and the California Health Incentives Improvement Project
The State of California commits to achieving an employment rate for people with disabilities at a rate that is as close as possible to that of the general population by removing barriers to work and providing needed support and incentives to maximize economic growth and development. To promote California’s economic growth, the State will provide comprehensive and integrated services that lead to meaningful and economic independence for persons with disabilities. AB 925, THE WORKFORCE INCLUSION ACT AB 925 serves to bring together key provisions of state and federal laws that address employment and employment supports for people with disabilities, including health care benefits and personal assistance in the workplace. AB 925 promotes partnerships between state and local stakeholders, with the Governor’s Committee functioning as the statewide forum for discussion and for bringing forward suggested courses of action for the Governor through the annual Employment Status of Californians with Disabilities report and the recommended comprehensive strategy. AB 925 requires the Labor and Workforce Development Agency and the California Health and Human Services Agency to develop a sustainable and comprehensive strategy to accomplish various goals aimed at bringing people with disabilities into employment at a rate comparable to that of the general adult population. The bill also allows state-funded inhome supportive services to be available in the workplace, as well as the home.
18
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
A SUSTAINABLE COMPREHENSIVE STRATEGY 1. Bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general adult population. 2. Support the goals of equality of opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. 3. Ensure that state government is a model employer of individuals with disabilities. 4. Support state coordination with, and participation in, benefits planning, training, and information dissemination projects that are supported by private foundations and federal grants. 34 The Governor’s Committee partnership has developed a draft framework for a recommended sustainable comprehensive employment strategy for people with disabilities. This framework is now available on the Internet and is open to all stakeholders for comments and suggestions. The comprehensive strategy framework can be viewed at: www.edd.ca.gov/onestop/compplan.pdf ASSUMPTIONS • • The comprehensive strategy is a flexible framework; it will evolve. The results of the implementation of the comprehensive strategy as they affect the employability and placement of people with disabilities must be measurable and sustainable.
WHY CALIFORNIA NEEDS A COMPREHENSIVE STRATEGY Traditionally, policies related to people with disabilities were designed to provide support and/or assistance. This resulted in dependence on income supports and barriers to employment and economic selfsufficiency. Over the past three or four decades, federal and state legislation has shifted from the support model to one of emerging disability public policy, promoting civil rights and independent living.
34
AB 925, the Workforce Inclusion Act, Chapter 1088, 2002.
19
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
According to data available from the 2000 U.S. Census, California had 19.2 million working age adults. Twenty (20) percent of this population, or 3.8 million, report having a disability. By the year 2020, California’s population is anticipated to reach 45 million, and it is realistic to assume, at minimum, that the State will experience a proportional increase in the number of people with disabilities. The increase in population, however, will not ameliorate the existing and future anticipated shortage of an educated, skilled labor force crucial for economic development and prosperity. The complexity of coordinating programs administered at state and local levels demands a comprehensive flexible framework that is clearly and universally articulated. California can use a comprehensive strategy across multiple employment, healthcare, and support services to impact employment outcomes for people with disabilities, especially as we acknowledge the continuum and diversity of disability in our society. BELIEFS • • • All Californians, who are capable of working, including people with disabilities, shall have the opportunity to be employed. The workforce and training system needs integrated and continuous improvement to serve the changing needs of all Californians. In order to achieve these goals, Californian’s with disabilities, their families, employers, service, education, and social service providers will come together to design an integrated service system. Pursuant to the Workforce Investment Act universal access policy, education, employment, and social service providers will coordinate service delivery, incorporating each other’s cultures within the OneStop Career Center System.
•
20
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
FINAL STANDARDS OF EXPECTATION Californians with disabilities will have access to an interdependent state/local infrastructure designed to improve and maintain their quality of life. Through a range of services and supports, independent living, and equal access to employment, the unemployment rate of people with disabilities will be at a rate that is as close as possible to that of the general population. To accommodate local needs and remain mindful of the fiscal constraints of the diverse stakeholders, this section of the sustainable comprehensive strategy will be expanded through stakeholder input. SUSTAINABILITY Responsibility for review of system performance as well as recommendations for improvement through amendment of the state strategy should be lodged at the California Workforce Investment Board with representatives from all affected groups and entities. DIRECT EMPLOYMENT SUPPORTS DISABILITY PROGRAM NAVIGATORS The Department of Labor, Employment and Training Administration, and the Social Security Administration (SSA) entered into an Agreement to jointly fund a Disability Program Navigator (Navigator) pilot demonstration project in One-Stop Career Centers of selected states. The Navigator cooperative agreement supports the New Freedom Initiative announced by President Bush, by facilitating increased employment opportunities for persons with disabilities and promoting “swift implementation of the Ticket-to-Work program” administered by the SSA. On July 1, 2003, the Employment Development Department and the Governor’s Committee received $600,000 to implement a Navigator pilot demonstration project.
21
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
The funds were used to award nine Navigator grants to Local Workforce Investment Areas throughout California as part of a statewide effort to enhance accessibility and services to persons with disabilities at One-Stop Career Centers. Navigator grant funds were awarded specifically to establish Navigator positions to meet the One-Stop Career Centers' need for well-trained, highly knowledgeable resource staff. The Navigator serves as a resource to the workforce investment community to ensure the availability of comprehensive knowledge of federal, state, local, and private programs that enable people with disabilities to gain, return to, or retain employment. On July 1, 2004, the State received an additional $1.2 million in Navigator Grant funds supporting the sustainability of the nine original grantees, as well as five new navigator grantees. In March 2005, a third year of Navigator funding was announced that allows California to fund and coordinate approximately 31 Navigator positions throughout the State. WORK INCENTIVE GRANT III The Governor’s Committee and the Employment Development Department received $500,000 in Round III of the federal Work Incentive Grant. The grant has five components designed to build infrastructure in One-Stop Career Centers by: building an Employment Network model for the federal Ticket to Work Program and establishing Disability Program Navigators statewide; training public and private sector human resource personnel; developing on-line training modules for One-Stop Career Center staff; supporting a Benefits Planning Web site to provide technical assistance to One-Stop Career Centers; and increasing partnerships with disability service organizations. At the time of this writing, over 270 One-Stop Career Center staff have registered for and are progressing through the on-line training modules, and 171 have completed the training. The implementation of these components should enhance service delivery in the One-Stop Career Center System and increase employment opportunities for people with disabilities.
22
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
BENEFITS PLANNING AND COORDINATION AB 925 requires the Governor’s Committee, to the extent that funds are available, to support comprehensive local and regional benefits planning and outreach programs to assist people with disabilities in removing barriers to work. With funding from state departments of the Labor and Workforce Development, and Health and Human Services Agencies, the World Institute on Disability 35 developed Disability Benefits 101, a Web-based benefits planning information center. The Web site brings together guidelines for health coverage, benefits, and employment programs that people with disabilities use, helping workers, job seekers, and service providers understand the connections between work and benefits. www.disabilitybenefits101.org. HEALTH AND HUMAN SERVICES SUPPORTS THE DEPARTMENT OF REHABILITATION The Vocational Rehabilitation and Independent Living programs are carried out by the Department of Rehabilitation. The programs are governed by the federal Rehabilitation Act (Title IV of the Workforce Investment Act of 1998; P.L. 105-220 as codified in 29 USC 701 et seq.) and by state regulations. The Department’s mission is to work in partnership with consumers and other stakeholderes to provide services and advocacy resuting in employment, independent living, and equality for individuals with disabilities.
35
The World Institute on Disability is a nonprofit research, training, and public policy center promoting the civil rights and full societal inclusion of people with disabilities.
23
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
VOCATIONAL REHABILITATION SERVICES PROGRAM The Department of Rehabilitation is the principal state agency providing comprehensive services to assist people with a variety of disabilities to obtain successful employment. California’s Vocational Rehabilitation program is the largest in the country. The Department of Rehabilitation serves over 100,000 individuals with disabilities per year. In the last decade, the Vocational Rehabilitation program has focused on employment which allows people with disabilities to become economically self-sufficient and which maximizes a consumer’s choice of employment. Thus, vocational rehabilitation supports career development beyond working in entry-level employment. Through its Vocational Rehabilitation program, the Department of Rehabilitation: • Develops Individual Plans for Employment for all consumers including the identification of training, assistive technology, work experience, job development and placement, and other services to assist the consumer to reach their employment goal; Partners with public agencies such as high schools, adult education, community colleges, state universities, and community mental health through cooperative agreements to provide an enhanced pattern of vocational rehabilitation services to eligible consumers.
•
These programs include: • Transition Partnership Programs
Federal and state public policy has increasingly addressed the need to provide seamless, coordinated services to youth with disabilities to support their transition from high school to work, including postsecondary education where appropriate. Early intervention for youth with disabilities in high school is required to address the disproportionate dropout rate of students in special education. The Transition Partnership Project, which began in 1987, was designed to build partnerships between Local Education Agencies and the Department of Rehabilitation to successfully transition student-Department of Rehabilitation clients into meaningful employment and/or postsecondary education. Statewide, there are 84 programs with local school districts, Special Education Local Plan Areas, and County Offices of Education. Currently, Transition Partnership Programs serve over 19,000 consumers annually. 24
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
• WorkAbility II
The WorkAbility II program, initiated in 1985, was designed to enhance collaboration between the State Departments of Rehabilitation and Education, specifically Adult Schools and Regional Occupational Programs/Centers in conjunction with local Department of Rehabilitation offices. The programs are designed to expand and improve job training opportunities and placement services with Local Education Agencies for adult clients, and to provide a means of continuous support for graduating special education students making the transition from school to work. Statewide, there are 17 programs. Currently, WorkAbility II programs serve over 1700 consumers annually. • WorkAbility III
The WorkAbility III program, initiated in 1985, was designed to enhance collaboration between the Department of Rehabilitation and California’s Community Colleges. WorkAbility III serves individuals with disabilities who are both community college students and Department of Rehabilitation clients. Statewide there are 29 WorkAbility III programs. Currently, these programs serve over 3,300 consumers annually. • WorkAbility IV
The WorkAbility IV program began operation in 1992 as a jointly administered project between the Department of Rehabilitation and California State University and University of California campuses. The WorkAbility IV Program serves individuals with disabilities who are Department of Rehabilitation clients and either California State University students, or University of California students desiring and needing employment. Statewide, there are eight programs serving more than 1,000 consumers annually. • Cooperative Mental Health Programs
The Mental Health cooperative program began in 1992 as a collaborative between the Department of Rehabilitation and California’s Mental Health system. 36
36
For details, refer to Department of Rehabilitation/Mental Health Cooperative Programs, page 29.
25
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
In addition, the Vocational Rehabilitation program: • • Provides grants to community-based agencies serving people with disabilities to establish needed rehabilitation services; Administers specialized initiatives, which include a grant from the Social Security Administration to serve transition-age youth with disabilities and a grant from the Rehabilitation Services Administration for a Mentoring Program for youth with disabilities. Partners with One-Stop Career Centers and other public agencies to assist consumers to attain their employment goal. Addresses architectural, transportation, and attitudinal barriers to social and economic integration.
• •
INDEPENDENT LIVING The Independent Living program is administered by the Department of Rehabilitation pursuant to Title VII of the federal Rehabilitation Act and its regulations. The Act requires that resources and goals be developed in a State Plan for Independent Living developed jointly by the Department of Rehabilitation and the State Independent Living Council. There are 29 Independent Living Centers in California, which provide services to assist people with disabilities to live independently. Some of these services, such as benefits planning, personal assistance services referral, and information about assistive technology, are part of the infrastructure for a person with a significant disability to be able to work. All Independent Living Centers are community-based non-profit organizations with a Board of Directors, a majority of who must be persons with disabilities. In addition, Independent Living Centers cannot be residential facilities. A directory of the Independent Living Centers and their services may be found at www.cfilc.org.
26
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
MEDICAL COVERAGE AND PERSONAL ASSISTANCE The California Medi-Cal Working Disabled Program qualifies a working person with disabilities for Medi-Cal benefits (subject to payment of sliding-scale premiums) if his or her countable income is less than 250 percent of the federal poverty level. Enrollment at the beginning of 2004: Enrollment at the end of 2004: Net increase in enrollment for 2004: 891 1165 274
In-Home Supportive Services in the Workplace, a provision of AB 925 and the subject of a Department of Social Services All County Letter, allows people with disabilities who need personal care assistance to use all or a portion of their allotted hours of in-home supportive services at the workplace. The California Health Incentives Improvement Project, funded by the federal Centers for Medicare and Medicaid Services, is focused on outreach, promotion, and policy analysis of the Medi-Cal Working Disabled program, In-Home Supportive Services in the workplace, and other health-related work incentives. THE CALIFORNIA HEALTH INCENTIVES IMPROVEMENT PROJECT The mission of the California Health Incentives Improvement Project is to build an infrastructure that supports the employment of youth and adults with disabilities at employment rates that are comparable to the general population by: • Assuring the provision of streamlined and uninterrupted access to appropriate health care coverage and related supports from public and private sectors; and Encouraging proactive intergovernmental and community collaboration to remove barriers to employment of people with disabilities, particularly health care and personal assistance services barriers.
•
Specifically, the Project is focused on outreach, promotion, and policy analysis of the Medi-Cal Working Disabled Program, In-Home Supportive Services in the workplace and other health-related work incentives.
27
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
2004 Accomplishments • Conducted outreach of various health benefit programs that encourage employment of working age people with disabilities. Created and produced three brochures written for youth and adults with disability and distributed to front line workers in employment, health, and social services, Social Security Administration, and community-based organizations. Brochures are available in five languages, as well as alternative formats; “The Medi-Cal Working Disabled Program” – Provides information regarding the Medi-Cal Working Disabled Program and In-Home Supportive Services in the workplace; “I Can Work” – Provides listings of resources for benefits planning, healthcare, and employment services for workers and job seekers with disabilities; Youth “I Can Work” – Provides listings of resources for younger workers and job seekers with disabilities, including resources for high school, college, job preparation, mentoring, healthcare, and more; and Established a Web site, www.chiip.org, to support outreach, training, and intergovernmental infrastructure efforts to remove employment barriers. • Developed and promoted comprehensive training regarding work, disability, and benefits. Delivered 15 one-day training sessions for over 500 public, private, and non-profit service providers statewide, addressing issues in health, benefit, employment programs, and protections; Supported creation of local steering committees in Los Angeles, the Northern Tri-Counties, and San Mateo, who partnered with trainers to produce the training series; Made mini-grants available to San Diego and Los Angeles Counties to sustain local leadership and further developments in disability employment efforts;
28
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
Contracted for an independent evaluation of cross-agency training on health, benefits, work, and disability to correlate training, enrollments, and employment outcomes; Delivered two two-day, statewide “Health and Benefits Training on Work and Disability” to over 80 disability benefits counseling specialists in two locations; and Established an on-line conferencing environment for the benefits counseling professionals to promote on-going networking and peerto-peer learning.
•
Conducted data collection, research, and policy analysis to improve health benefits. Commissioned a report to gather information on the employment and health status of persons with disabilities in California to inform the 2005 comprehensive strategic planning process; Created an advisory group of youth with disabilities to determine how best to address their concerns about transitioning from school to adult life and working with a disability; and Sponsored an advisory group for the computer-based benefits planning calculator features of the Disability Benefits 101 Web site, www.disabilitybenefits101.org.
•
Supported creation of an intergovernmental infrastructure promoting employment for people with disabilities. Convened quarterly steering committee meetings, comprised of people with disabilities and representatives of community-based organizations, and state and county government; Recruited and expanded steering committee membership to represent youth and cultural diversity; Met quarterly with the Governor’s Committee to jointly plan for employment and healthcare-related programs; Placed staff as liaisons within the Department of Health Services and the Employment Development Department to facilitate intergovernmental collaboration; and 29
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
Supported planning activities and applications for additional federal grants related to health, work, and disability from the Centers for Medicare & Medicaid Services, Social Security Administration, and Department of Commerce. The California Health Incentives Improvement Project will base its future activities on the priorities of the comprehensive employment strategy. 37 DEPARTMENT OF REHABILITATION/MENTAL HEALTH COOPERATIVE PROGRAMS The Mental Health Cooperative Program is a joint venture between the Departments of Rehabilitation and Mental Health. The program serves county mental health consumers with severe psychiatric disabilities and assists these consumers in obtaining employment and living independently in their communities. Statewide, there are 26 programs administered through cooperative agreements with County Mental Health Agencies and private nonprofit organizations. The program serves more than 8,900 consumers annually. Consumers are referred to the Department of Rehabilitation by participating County Mental Health Agencies for vocational rehabilitation services. The cooperative agreements develop linkages to community agencies such as private, non-profit agencies specializing in employment service programs for persons with severe psychiatric disabilities. Mental Health Cooperatives provide unique vocational service options for consumers, which include vocational assessment and evaluation, personal and social adjustment, employment services, job coaching, and supported employment. County Mental Health Agencies provide longterm follow-along services after the vocational rehabilitation case is closed. PROPOSITION 63, THE MENTAL HEALTH SERVICES ACT Proposition 63, the Mental Health Services Act, passed by the voters in 2004, creates new and expanded mental health care programs for children and adults. The proposition provides for services to people disabled by mental illness or showing signs of mental illness in need of prevention services, and to the families and caregivers of those affected. Programs implemented under Proposition 63 use an integrated services model that provides a range of services including outreach, medical care,
37
Appendix 5.
30
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
short and long-term housing, prescription drugs, vocational training, selfhelp, and social rehabilitation. The proposition generates approximately $700 million per year. Combined with existing federal funds, the annual amount available will be close to $1 billion. Proposition 63 also prohibits current funds designated for mental health services from being re-directed to any other purpose and bars the State from reducing any level of mental health services below 2003-04 levels. The proposition established a Citizens Oversight Accountability Commission to annually review each county’s expenditure plan and ensure that all expenditures are in accord with the intent of the proposition. Counties receive funds from the Department of Mental Health to deliver services that meet the standards under nationally recognized integrated service models for adults, seniors, and children’s systems of care. OTHER SUPPORTS EDUCATION Special Education – K-12 The Individuals with Disabilities Education Act (IDEA) is the primary federal program that authorizes state and local aid for special education and related services for children with disabilities. On December 3, 2004, President Bush signed the Individuals with Disabilities Education Improvement Act (Public Law [P.L.] 108-446), a major reauthorization and revision of IDEA. The California Department of Education administers California’s special education program designed to provide children with disabilities age 3 through 21 with a free appropriate public education to meet their unique needs and prepare them for employment and independent living.
31
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
Statewide Special Education Enrollment by Age and Disability
Reporting Cycle: December 1, 2003
Age MR HH DEAF SLI 14 3,028 522 297 3,003 15 2,939 513 258 2,245 16 2,868 418 322 1,643 17 2,733 365 324 1,328 18 2,116 169 182 428 19 1,556 40 84 53 20 1,345 25 38 22 21 1,225 13 25 11 22 187 2 5 2 Total 44,017 7,200 4,510 175,927 VI ED OI OHI SLD DB MD AUT 277 3,088 826 2,720 37,592 8 349 1,044 258 3,459 833 2,538 35,986 11 366 777 285 3,522 768 2,134 33,134 10 356 625 249 3,293 679 1,670 28,856 14 370 557 125 1,278 471 651 10,214 7 264 372 60 348 318 125 1,427 6 246 227 61 127 245 43 350 7 204 175 39 54 231 33 103 4 186 142 5 12 36 6 21 0 34 16 4,599 27,292 15,074 32,083 337,884 215 6,606 24,943 TBI Total 139 52,893 156 50,339 142 46,227 140 40,578 98 16,375 32 4,522 20 2,662 20 2,086 2 328 1,630 681,980
MR=Mental Retardation HH=Hard of Hearing
SLI=Speech or Language Impairment
OHI=Other Health Impairment
SLD=Specific Learning Disability
VI=Visual Impairment ED=Emotional Disturbance OI=Orthopedic Impairment
DB=Deaf-Blindness MD=Multiple Disabilities AUT=Autism TBI=Traumatic Brain Injury
WorkAbility I The WorkAbility I program has been funded and administered by the California Department of Education, Special Education Division since its initiation in 1981. Through its designation as one of the 10 best transition programs of its type in the United States, WorkAbility I has received national recognition of its success in matching young adults with disabilities with employers. The WorkAbility I program provides comprehensive pre-employment training, employment placement, and follow-up for intermediate and high school students in special education who are making the transition from school to work, independent living, and post-secondary training and education. There are approximately 300 Local Education Agency WorkAbility I program sites statewide, located in all 58 California counties.
32
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
Services to Students with Disabilities in Higher Education California’s public college and university systems provide a variety of services to students with disabilities to assist them to complete their postsecondary education and enter the world of work. Over 100,000 students with various disabilities are served annually in these programs. In addition, some Community Colleges offer special classes for students with disabilities, which may include vocational preparation. In addition, number of colleges and universities offer cooperative programs with the Department of Rehabilitation for shared students/consumers. These WorkAbility III and IV programs are described under the section on vocational rehabilitation. California Community Colleges Chancellor’s Office Statewide Disabled Students Programs & Services--2003-2004 Primary Disability Acquired Brain Injury Developmentally Delayed Learner Hearing Impaired Learning Disabled Mobility Impaired Other Disability Psychological Disability Speech/Language Impaired Visually Impaired Grand Total California State University Disabled Student Services Enrollment by Disability - - Fall 2002 Primary Disability Communication Disability Deafness Learning Disability Mobility Limitation Other Functional Limitations Visual Limitation Totals: Students 168 369 4,317 1,887 3,311 417 10,469 Students 4,723 8,698 3,482 22,027 13,156 19,308 10,767 571 2,532 85,264
33
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
University of California There are no data available for the University system. The individual University of California campuses use varied methods for collecting student information. There is no requirement for system wide aggregation. However, the University system has a comprehensive nondiscrimination policy regarding students with disabilities, and each campus provides services to ensure full inclusion of all students in the educational experience. HOUSING AND TRANSPORTATION Adequate, affordable, safe housing and accessible, reliable transportation are near the top of the list when people with disabilities are asked about the barriers to employment and living independently in the community. 38 Housing close to community services and transportation is essential to independent community life and transportation support is vital to get to work, to doctors, other health care service needs, and to participate in other life. Proposition 46, Housing and Emergency Shelter Trust Fund Act In 2002, California voters passed Proposition 46, the Housing and Emergency Shelter Trust Fund Act. Proposition 46 is a $2.1 billion bond measure to help fund the construction, rehabilitation, and preservation of affordable rental housing, emergency shelters, and homeless facilities, among other projects. Although the housing programs funded under Proposition 46 are not all disability specific, all of the affordable housing and shelter projects are open to people with disabilities. The Department of Health Services’ Office of AIDS program works with the Department of Housing and Community Development to link Housing Opportunities for Persons with AIDS funds with Proposition 46 general obligation bonds. During fiscal year 2003-04, the State had available nearly $190 million for the capital development of supportive housing for people with disabilities, including HIV/AIDS, who were homeless or at risk of becoming homeless. 39
38 39
California Statewide Independent Living Needs Assessment 2003-2004, www.calsilc.org. Consolidated Annual Performance and Evaluation Report, FY 2003/2004, Building Stronger California Communities, California Department of Housing and Community Development.
34
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
CALIFORNIA RESPONDS
Governor’s Committee staff attend Department of Housing and Community Development meetings to stay abreast of housing activities affecting people with disabilities. California Department of Transportation The State Department of Transportation (CalTrans) administers a U.S. Department of Transportation grant pursuant to the Federal Transportation Act, Section 5310. The “5310 Program” provides for local transport vehicles (busses or vans) used to provide transportation for elderly people and people with disabilities where existing transportation services are not available or accessible. CalTrans funds approximately 140 local agencies per year. In March 2005, the United We Ride Mobility Summit was conducted by CalTrans, with assistance from the California Association for Coordinated Transportation, and in cooperation with the California Commission on Aging’s Invitational and Solutions Forums. The Summit convened state officials and stakeholder leadership to discuss mobility and aging issues facing California. Topics at the Summit included identifying barriers between programs and planning effective action to set the stage for federal, state, regional, and local partnerships that will improve mobility across the state and increase access to services through interagency cooperation and greatly improved coordination.
35
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
PARTNERSHIP ACTIVITIES IN BUILDING CAPACITY FOR ACCESSIBILITY IN THE ONE-STOP CAREER CENTER SYSTEM
In last year’s report the Governor’s Committee listed barriers to universal access within the One-Stop Career Center System, many of which could be addressed in part by better-trained staff and expanded outreach efforts. During the past year, the Governor’s Committee has initiated activities to address those barriers. AN INVENTORY OF STATE EMPLOYMENT-RELATED PROGRAMS AND SERVICES FOR PEOPLE WITH DISABILITIES An interagency workgroup identified state-level programs that provide employment-related services for people with disabilities. The Inventory of Programs and Services for People with Disabilities was developed in order to identify gaps in services, to assist in system building, fund and resource leveraging, joint planning, and joint project administration. 40 TRAINING FOR EQUAL OPPORTUNITY OFFICERS The Governor’s Committee, in partnership with the Department of Rehabilitation, developed and presented the “Workforce Investment Act (WIA), Section 188 Training for Equal Opportunity Officers.” Six two-day training sessions were presented to state and local staff including, Local Workforce Investment Area Equal Opportunity Officers (EO), Disability Program Navigators, and others charged with the responsibility of implementing WIA Section 188 nondiscrimination and equal opportunity The training topics covered laws and regulations, requirements. 41 including: nondiscrimination laws and regulations, state and federal disability requirements, universal access, notice of rights and communication, data collection, monitoring, and complaint processing.
40 41
Appendix 2 – Inventory of State Employment Related Programs and Services for People with Disabilities. State and local obligations under WIA Section 188 Nondiscrimination and Equal Opportunity provisions are codified in 29 Code of Federal Regulations (CFR) Part 37.
36
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
PARTNERSHIP ACTIVITIES IN BUILDING CAPACITY FOR ACCESSIBILITY IN THE ONE-STOP CAREER CENTER SYSTEM
TRAINING FOR STAFF ON DISABILITY AWARENESS, ETIQUETTE, AND LAW The One-Stop Career Center system is required to provide programs and services to people of all abilities. However, fear of the unknown and lack of knowledge about how to act may lead to uneasiness when meeting a person who has a disability. People often are not sure how to behave and may be afraid of saying or doing the wrong thing. 42 The Governor’s Committee, in partnership with the Department of Rehabilitation, provided 54 half-day training sessions on disability etiquette, awareness, and employment law to local staff in Local Workforce Investment Areas at their One-Stop Career Centers. The training was intended to increase staff and administrator capacity to comply with WIA’s physical and program accessibility requirements, and to provide a welcoming environment for all customers, including those with disabilities. TRAINING TO IMPROVE UNIVERSAL ACCESS FOR PEOPLE WITH MENTAL HEALTH DISABILITIES The Employment Training Partnership Series was developed in partnership by the Employment Development Department and the Departments of Mental Health and Rehabilitation. Five training series, consisting of seven one and two-day sessions were conducted across the State. The training provided comprehensive information to over 320 One-Stop Career Center staff and their community partners about forming collaborative local relationships to improve services, resources, and supports to promote employment outcomes for individuals with mental health impairments.
42
http://www.mcil.org/mcil/mcil/etiqu01.htm.
37
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
PARTNERSHIP ACTIVITIES IN BUILDING CAPACITY FOR ACCESSIBILITY IN THE ONE-STOP CAREER CENTER SYSTEM
ASSISTIVE TECHNOLOGY DEMONSTRATION GRANTS The availability of assistive technology in One-Stop Career Centers is essential for the Centers to be accessible to and usable by people with disabilities as required by state and federal non-discrimination laws. The Employment Development Department and other partners have assisted the One-Stop Career Center system to have assistive technology available for their customers by awarding capacity building grants funded by Workforce Investment Act discretionary dollars. In July 2004, the Employment Development Department, in partnership with the Governor’s Committee, the California Workforce Investment Board, and the Department of Rehabilitation awarded $760,000 in Workforce Investment Act 15 percent Governor’s Discretionary funds for grants to 10 Local Workforce Investment Boards. The grants were made available to strengthen local collaboration for the improvement of jobrelated services to customers who are deaf or hard of hearing and/or customers who are blind or visually impaired. This funding established or expanded partnerships between One-Stop Career Centers and local private and county organizations that are the presumptive service providers for people with disabilities. The partnerships were responsible for developing a strategy to further the inclusion of this population into the workforce. 43 YOUTH LEADERSHIP FORUM FOR STUDENTS WITH DISABILITIES The Youth Leadership Forum is an innovative career preparation and leadership project developed by the California Governor’s Committee and statewide partners. The project takes place at the California State University, Sacramento and the State Capitol. It is provided at no cost to the students and is produced with support from many private donors. Since its inception, the Youth Leadership Forum has been replicated in more than 30 states and territories.
43
Appendix 6 - Assistive Technology Demonstration Grant Projects.
38
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
PARTNERSHIP ACTIVITIES IN BUILDING CAPACITY FOR ACCESSIBILITY IN THE ONE-STOP CAREER CENTER SYSTEM
The Forum brings together approximately 60 high school students with disabilities who demonstrate potential leadership qualities. Educational programs include such topics as: "choosing a career,” "the history of disability as a culture," and "assistive technology for independence." Presenters who meet with the students include disability community leaders, legislators, and numerous other professionals who serve as role models. The young participants identify existing barriers to personal and professional success and develop plans to deal with those barriers. They also develop public policy recommendations for consideration by the California Governor's Committee on Employment of People With Disabilities. Each student also develops a "Personal Leadership Plan" which includes specific action plans for the students when they return to their communities. Young people with disabilities have more opportunities and more challenges than at any other time in our nation's history. With the Americans with Disabilities Act (ADA), they have unprecedented opportunities to fully develop as constructive, contributing members of our society. However, many need encouragement and information about resources to develop as leaders in their communities. The Youth Leadership Forum enables them to learn from each other and from successful adults with disabilities who are recognized leaders and role models. Such a forum benefits not only the participants, but all young people with disabilities, our communities in general, and the adults who assist in producing the forum. The Youth Leadership Forum is an annual event and 2005 marks its 14th year.
39
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
EMPLOYER ISSUES AND MODELS
THE STATE AS A MODEL EMPLOYER Recognizing the unmet employment need of people with disabilities in California, AB 925 charged the Secretary of the Labor and Workforce Development Agency and the Secretary of the Health and Human Services Agency with the responsibility of ensuring that state government is a model employer of people with disabilities. Government Code Section 19232 requires state departments with more than 50 employees to establish employment goals for people with disabilities and determine whether employees with disabilities are underrepresented in comparison to the California labor force, and if so, to set employment goals (parity). The State Personnel Board is charged with setting guidelines, oversight, technical assistance, and reporting to the Governor and the Legislature on the status of overall employment programs for individuals in state government and the achievement of annual employment objectives. For 2004, the State Personnel Board set the labor force parity at 16.6 percent for people with disabilities. In its Annual Census of Employees in the State Civil Service provided to the Governor and the Legislature, the State Personnel Board reports that as of June 30, 2004, a total of 15,689 people with disabilities were employed in state service. This represents 7.5 percent of the total state civil service workforce. These statistics reflect a sizable shortfall from the goals set by the State Personnel Board to ensure the State is a model employer of people with disabilities. However, they do not include two of the largest employers within the State, the University of California and the California State University systems. 44
44
California Budget Project/Professors and Prison Guards: An Overview of California’s State Workforce, June 2004.
40
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
EMPLOYER ISSUES AND MODELS
The State Personnel Board data also indicate that the hiring of people through the Limited Examination and Appointment Program (LEAP), an alternate selection process designed to facilitate the recruitment and hiring of people with disabilities, is at an all-time low. Between July 1, 2003, and June 30, 2004, only 18 people statewide were hired through the LEAP process. In October 2004, the U.S. Equal Employment Opportunity Commission (EEOC) in Support of the New Freedom Initiative provided some insight. It published an Interim Report on Best Practices for the Employment of People with Disabilities in State Government. The report finds that, of all the significant actions taken by the selected states under review, the most successful practice was the initiation of legislative action. Such action “sends a clear message from the top that the employment of people with disabilities is a state priority.” 45 Although the State Personnel Board is not a mandated partner, AB 925’s requirement that the State of California be a model employer has spawned collaboration and communication between the State Personnel Board and the Governor’s Committee. For example, staff of the Governor’s Committee attends meetings of the State Disability Advisory Council (SDAC), an advisory body to the State Personnel Board’s Executive Officer. Governor’s Committee staff use this venue to report on the implementation of AB 925, gather information on the barriers to employment in state service, but also record exemplary practices and activities that are conducive to hiring people with disabilities. For example, the Department of Consumer Affairs is one of the leading state departments for hiring people with disabilities. At one SDAC meeting, the Department’s Equal Employment Opportunity Officer outlined effective practices, such as commitment from executive officers, active Disability Advisory Committees, and effective coordination with human resource organizations.
45
Interim Report on Best Practices for the Employment of People with Disabilities in State Government, prepared by the U.S. Equal Employment Opportunity Commission in Support of the New Freedom Initiative, October 29, 2004.
41
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
EMPLOYER ISSUES AND MODELS
To determine what employment practices are already in place within various state departments, the Governor’s Committee sent questionnaires to all 96 State Equal Employment Opportunity Officers in June 2004. 46 Of the 32 responses received, the majority of organizations indicated that they could not meet their goals because of a hiring freeze and the downsizing of their departments. Although current law requires that state departments have Disability Advisory Committees, the responses to the questionnaire revealed that only 19 departments are in compliance. The Governor’s Committee will continue to work closely with the State Personnel Board to support scheduled notification by all state departments on their provision of reasonable accommodations and disability employment practices, and to encourage the Board’s efforts to achieve parity in state civil service. California has an opportunity to provide exemplary practices, not only for city and county governments to become more inclusive of people with disabilities, but also to set an example for the private sector. If the employment of people with disabilities is to mirror that of the general population, the State of California must lead the way for others to follow. PRIVATE SECTOR EMPLOYERS MODEL EMPLOYERS Many employers in California are proactively engaged in providing employment opportunities for people with disabilities and ensuring both employees and customers with disabilities have access to the employers’ products and services. Hewlett-Packard of Palo Alto, California was one of five businesses selected to receive the U.S. Secretary of Labor’s 2004 New Freedom Initiative Award. This award recognizes nonprofits, small businesses, corporations, and individuals that have demonstrated exemplary and innovative efforts in furthering the employment and workplace environment for people with disabilities. Hewlett-Packard conducts corporate-wide accessibility efforts in product design and development, engineering, marketing, Web services, supports, and programs for people with disabilities. The corporation involves people with disabilities in the development of accessibility guidelines, and in the design and testing of products and services. Hewlett-Packard encourages a work environment that is inclusive, as well as accessible.
46
See Appendix 7.
42
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
EMPLOYER ISSUES AND MODELS
EMPLOYER OUTREACH In the coming year, the Governor’s Committee will strengthen its partnership with the California Business Leadership Network, whose mission is to engage the active participation of the business community to enable qualified individuals with disabilities to obtain work and succeed in the workplace. Employer outreach efforts will expand to include local chambers of commerce and employer associations in areas such as manufacturing, banking, electronics, human resources, and small business. The Governor’s Committee, in partnership with the California Health Incentives Improvement Project, has begun a process to solicit input from many stakeholder groups on the Comprehensive Strategy to ensure that people with disabilities are fully included in the California workplace. A series of public forums and focus groups are being scheduled, with a concerted effort to solicit the business community. Many of these focus groups will be coordinated with Local Workforce Investment Boards, which are comprised of 50 percent employers. Through the California Business Leadership Network, local mayors’ committees, chambers of commerce, Local Workforce Investment Boards, and outreach to other business associations, the Governor’s Committee will have the opportunity to incorporate into the recommended strategy, the best practices of companies like Hewlett Packard who have excelled at providing accessible employment to people with disabilities.
43
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
MOVING FORWARD WITH SOLUTIONS
SUMMARY OF RECOMMENDED CONSIDERATIONS The Governor’s Committee recommends for consideration a coordinated statewide effort to gather disability data from and on programs and services administered by the State. Also, because there are State-administered services necessary to the successful employment of Californians with disabilities, but outside the scope of mandated membership, the Governor’s Committee suggests that the Governor consider appointing members to the Governor’s Committee on Employment of People with Disabilities who are in a position to respond to AB 925, including representation from: • The Departments of Transportation and Housing and Community Development. Access to reliable transportation and affordable housing are cornerstones in any effort to improve access to employment for people with disabilities. These two departments are requisite voices at the Governor’s Committee table. The Department of Education. Education’s role is crucial to the disability paradigm shift that should begin early in life with the expectation of employment and the acquisition of specific skills and knowledge that will enable a person with a disability to compete in the world of work. The Chancellor’s Office, California Community Colleges. It is equally crucial to ensure that post-secondary educational opportunities are accessible to students with disabilities, along with a comprehensive array of employment services, benefits planning assistance, and lifelong learning opportunities. Department of Veterans Affairs. Veterans are returning home to California from the war in Iraq/Afghanistan. Inclusion of the Department of Veterans Affairs on the Governor’s Committee could facilitate more coordinated supports and employment services for veterans. Department of Aging. The constituency served by the Department of Aging may choose or need to remain in the workforce beyond the traditional retirement age. Many of the services provided for the aged population are relative to people of all ages who have disabilities.
•
•
•
•
44
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
MOVING FORWARD WITH SOLUTIONS
The Governor’s Committee requests the continuing support of the Governor and the Legislature in efforts to attract, retain, and assist people with disabilities and other diverse segments of California’s population into the workplace through vigorous economic development efforts and a statewide strategy of public/private cooperation to: • • Eliminate the barriers encountered by job seekers, employees, and employers; Weave the existing patchwork of employment and social services into an accessible seamless system for all through the One-Stop Career Center System; Maximize the use of resources through shared funding of services; and Address the needs of tomorrow’s labor force today by engaging the educational community, making effective use of labor market information and job match capabilities to gain the confidence of consumers, and customizing services to the individual, including those with disabilities.
• •
To achieve the goal of AB 925 that requires the State of California to be a model employer of people with disabilities, the Governor’s Committee suggests that the Governor consider: • • Ensuring that the State is a model employer, committed to equal opportunity and the full inclusion of people with disabilities.; and Reviewing the needs of the State Personnel Board to enforce Section 19230 – 19237 of the California Government Code.
There are many employers who have a working knowledge of the issues surrounding people with disabilities and who are progressive in their hiring practices. However, in order to motivate an even larger share of the employer community, the Governor’s Committee agrees with the U.S. Department of Labor that there needs to be continued emphasis on the following areas: • • Improvement in the education and training of people with disabilities; More outreach on the part of the employment community to recruit job seekers with disabilities;
45
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES
MOVING FORWARD WITH SOLUTIONS
• • A better understanding of reasonable accommodation 47 ; and A continuing educational campaign within the workforce development system to break through the attitudinal barrier that is so detrimental to full integration of people with disabilities in the employment arena. 48
Building upon the current momentum, California has an opportunity to demonstrate workforce development practices that exemplify the full inclusion of people with disabilities. If the employment of people with disabilities is to mirror that of the general population, the State of California must lead the way for others to follow.
47
48
Fair Employment and Housing Act, Government Code, Title 2, Division 3, Part 2.8 (n) "Reasonable accommodation" may include either of the following: (1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities. (2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities. Summarized from the U.S. Department of Labor Web site: http://www.DOL.gov/odep/pubs/ek01/stats.htm, 2004.
46
APPENDICES
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 1
MEMBERS OF THE GOVERNOR’S COMMITTEE ON EMPLOYMENT OF PEOPLE WITH DISABILITIES
SEC. 3. Section 12803.65 is added to the Government Code, to read: 12803.65. (a) The Governor shall rename and establish, in the Labor and Workforce Development Agency, the existing California Governor's Committee on Employment of Disabled Persons as the "California Governor's Committee on Employment of People with Disabilities" or "CGCEPD." (b) (1) The California Governor's Committee on Employment of People with Disabilities shall include, but not be limited to, the following: (A) Four individuals with disabilities representing disabled persons, two appointed by the Governor and one each appointed by the Senate Committee on Rules and the Speaker of the Assembly, each for a three-year term. (B) The Directors of the Employment Development Department, State Department of Health Services, State Department of Mental Health, State Department of Developmental Services, State Department of Social Services, and Department of Rehabilitation, and the Chair of the State Independent Living Council. (C) Representatives from the State Department of Health Services' California Health Incentive Improvement Project. (D) A representative from the California Workforce Investment Board. (E) Representatives from any other department or program that may have a role in increasing the capacity of state programs to support the employment-related needs of individuals with disabilities. (F) A representative from a local one-stop or local workforce investment board, to be appointed by the Governor. (G) A business representative with experience in employing persons with disabilities, to be appointed by the Governor.
47
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 2
INVENTORY OF STATE EMPLOYMENT-RELATED PROGRAMS AND SERVICES FOR PEOPLE WITH DISABILITIES
Following is information on State administered programs that directly or indirectly support the employment of people with disabilities. The format of the Information Pages was developed by an interagency workgroup comprised of representation from the partnering departments mandated by AB 925 and other State departments that provide services that support an individual with disabilities to seek, obtain, or retain employment. Information is arranged with the mandated partners first and peripheral departments following.
48
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 3
CITED LEGISLATIVE DEFINITIONS FOR DISABILITY
By federal law, a person with a disability is any person who: 1) has a physical or mental impairment; 2) has a record of such impairment; or 3) is regarded as having such an impairment which substantially limits one or more major life activities such as self-care, walking, seeing, hearing, speaking, breathing, or learning. Title I of the Americans with Disabilities Act of 1990 prohibits private employers, state and local governments, employment agencies, and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. An individual with a disability is a person who:
•
Has a physical or mental impairment that substantially limits one or more major life activities; Has a record of such an impairment; or Is regarded as having such an impairment.
• •
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. Reasonable accommodation may include, but is not limited to:
•
Making existing facilities used by employees readily accessible to and usable by persons with disabilities. Job restructuring, modifying work schedules, reassignment to a vacant position; Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
• •
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. Undue hardship is defined as an action requiring
49
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 3
CITED LEGISLATIVE DEFINITIONS FOR DISABILITY
significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids. 49 Rehabilitation Act of 1973, As Amended through 1998, Section 504 Sec. 504.(a) No otherwise qualified individual with a disability in the United States, as defined in section 7(20), shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. The head of each such agency shall promulgate such regulations as may be necessary to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978. Copies of any proposed regulation shall be submitted to appropriate authorizing committees of Congress, and such regulations may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees. (b) For the purposes of this section, the term "program or activity" means all of the operations of (1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government; or (B) the entity of such a State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government; (2)(A) a college, university, or other postsecondary institution, or a public system of higher education; or (B) a local educational agency (as defined in section 14101 of the Elementary and Secondary Education Act of 1965), system of vocational education, or other school system;
49
http://www.eeoc.gov/types/ada.html; http://www.eeoc.gov/policy/ada.html; ADA Section 201(28), 42 U.S.C Section 12131(2) (1994).
50
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 3
CITED LEGISLATIVE DEFINITIONS FOR DISABILITY
(3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship (i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole; or (ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation; or (B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any corporation, partnership, private organization, or sole proprietorship; or (4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3); any part of which is extended Federal financial assistance. (c) Small providers are not required by subsection (a) to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the services are available. The terms used in this subsection shall be construed with reference to the regulations existing on the date of the enactment of this subsection. (d) The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12201-12204 and 12210), as such sections relate to employment. Fair Employment and Housing Act, Government Code, Title 2, Division 3, Part 2.8 (a) The opportunity to seek, obtain and hold employment without discrimination because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation is hereby recognized as and declared to be a civil right.
51
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 3
CITED LEGISLATIVE DEFINITIONS FOR DISABILITY
(h) "Medical condition" means either of the following: (1) Any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer. (2) Genetic characteristics. For purposes of this section, "genetic characteristics" means either of the following: (A) Any scientifically or medically identifiable gene or chromosome, or combination or alteration thereof, that is known to be a cause of a disease or disorder in a person or his or her offspring, or that is determined to be associated with a statistically increased risk of development of a disease or disorder, and that is presently not associated with any symptoms of any disease or disorder. (B) Inherited characteristics that may derive from the individual or family member, that are known to be a cause of a disease or disorder in a person or his or her offspring, or that are determined to be associated with a statistically increased risk of development of a disease or disorder, and that are presently not associated with any symptoms of any disease or disorder. (i) "Mental disability" includes, but is not limited to, all of the following: (1) Having any mental or psychological disorder or condition, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities that limits a major life activity. For purposes of this section: (A) “Limits” shall be determined without regard to mitigating measures, such as medications, assistive devices, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (B) A mental or psychological disorder or condition limits a major life activity if it makes the achievement of the major life activity difficult. (C) “Major life activities” shall be broadly construed and shall include physical, mental, and social activities and working.
52
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 3
CITED LEGISLATIVE DEFINITIONS FOR DISABILITY
(2) Any other mental or psychological disorder or condition not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a mental or psychological disorder or condition described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any mental condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a mental or psychological disorder or condition that has no present disabling effect, but that may become a mental disability as described in paragraph (1) or (2). “Mental disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (j) "On the bases enumerated in this part" means or refers to discrimination on the basis of one or more of the following: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. (k) "Physical disability” includes, but is not limited to, all of the following: (1) Having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that does both of the following: (A) Affects one or more of the following body systems: neurological, immunological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine. (B) Limits a major life activity.
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 3
CITED LEGISLATIVE DEFINITIONS FOR DISABILITY
(2) Any other health impairment not described in paragraph (1) that requires special education or related services. (3) Having a record or history of a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment described in paragraph (1) or (2), which is known to the employer or other entity covered by this part. (4) Being regarded or treated by the employer or other entity covered by this part as having, or having had, any physical condition that makes achievement of a major life activity difficult. (5) Being regarded or treated by the employer or other entity covered by this part as having, or having had, a disease, disorder, condition, cosmetic disfigurement, anatomical loss, or health impairment that has no present disabling effect but may become a physical disability as described in paragraph (1) or (2). (6) “Physical disability” does not include sexual behavior disorders, compulsive gambling, kleptomania, pyromania, or psychoactive substance use disorders resulting from the current unlawful use of controlled substances or other drugs. (l) Notwithstanding subdivisions (i) and (k), if the definition of "disability" used in the Americans with Disabilities Act of 1990 (Public Law 101-336) would result in broader protection of the civil rights of individuals with a mental disability or physical disability, as defined in subdivision (i) or (k), or would include any medical condition not included within those definitions, then that broader protection or coverage shall be deemed incorporated by reference into, and shall prevail over conflicting provisions of, the definitions in subdivisions (i) and (k). (m) “Race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation” includes a perception that the person has any of those characteristics or that the person is associated with a person who has, or is perceived to have, any of those characteristics.
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 3
CITED LEGISLATIVE DEFINITIONS FOR DISABILITY
For purposes of this section: (i) “Limits” shall be determined without regard to mitigating measures such as medications, assistive devices, prosthetics, or reasonable accommodations, unless the mitigating measure itself limits a major life activity. (ii) A physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss limits a major life activity if it makes the achievement of the major life activity difficult. (iii) “Major life activities” shall be broadly construed and includes physical, mental, and social activities and working.
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 4
CALIFORNIA DISABILITY DISTRIBUTION BY COUNTY 2000
County in Order of Disability Percentage Alameda Alpine Amador Butte Calaveras Colusa Contra Costa Del Norte El Dorado Fresno Glenn Humboldt Imperial Inyo Kern Kings Lake Lassen Los Angeles Madera Marin Mariposa Mendocino Merced Modoc Mono Monterey Napa Nevada Orange Placer Plumas Riverside
Total County Population 876,793 737 16,758 109,329 22,667 9,817 555,146 12,680 90,515 417,702 13,813 74,030 66,836 9,539 333,186 55,856 30,836 13,694 5,475,226 61,015 151,489 9,656 48,701 107,957 4,970 8,367 213,879 68,889 51,606 1,677,263 141,377 11,626 796,469
Total County Unemployment Rate 2004 5.1 5.5 5.3 6.7 6.2 17.9 4.7 7.4 4.5 10.2 9.0 6.1 16.3 5.3 9.7 10.0 8.3 7.1 6.0 8.5 3.7 7.4 6.3 10.6 9.0 4.5 10.4 4.8 4.6 3.6 3.9 9.6 5.0
Square Mileage by County 825 727 601 1,665 1,036 1,156 798 1,003 1,805 5,998 1,319 3,600 4,598 10,097 8,170 1,436 1,327 4,690 4,079 2,147 588 1,461 3,510 2,008 4,340 3,103 3,324 797 992 785 1,507 2,618 7,243
Population Density per Square Mile 1,063 1 28 66 22 8 696 13 50 70 10 21 15 1 41 39 23 3 1,342 28 258 7 14 54 1 3 64 86 52 2,137 94 4 110
Percent of Population Total 21-64 Years with a Disability Population 164,364 113 3,694 23,258 4,995 2,078 91,254 3,365 16,058 99,395 2,611 15,968 15,148 1,740 85,318 12,017 9,950 2,964 1,193,654 15,975 22,162 2,224 11,469 26,199 1,476 1,235 46,254 12,469 9,364 287,872 22,190 2,610 172,169 18.7 15.3 22.0 21.3 22.0 21.2 16.4 26.5 17.7 23.8 18.9 21.6 22.7 18.2 25.6 21.5 32.3 21.6 21.8 26.2 14.6 23.0 23.5 24.3 29.7 14.8 21.6 18.1 18.1 17.2 15.7 22.4 21.6
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 4
CALIFORNIA DISABILITY DISTRIBUTION BY COUNTY 2000
County in Order of Disability Percentage Sacramento San Benito San Bernardino San Diego San Francisco San Joaquin San Luis Obispo San Mateo Santa Barbara Santa Clara Santa Cruz Shasta Sierra Siskiyou Solano Sonoma Stanislaus Sutter Tehama Trinity Tulare Tuolumne Ventura Yolo County Yuba
Total County Population 693,574 29,858 901,171 1,562,025 533,008 296,375 132,229 431,768 217,545 1,036,877 154,875 88,471 1,999 23,801 213,542 269,047 239,413 42,435 29,351 7,379 187,796 27,205 427,298 95,187 30,141
Total County Unemployment Rate 2004 4.7 9.4 4.9 4.1 5.0 8.4 4.0 4.1 4.7 5.5 7.6 7.0 11.0 9.8 5.3 4.3 8.6 10.8 6.9 11.3 11.9 6.5 5.0 6.0 9.2
Square Mileage by County 1,015 1,397 20,164 4,281 91 1,436 3,326 531 2,745 1,316 440 3,850 959 6,318 872 1,598 1,521 607 2,976 3,223 4,844 2,293 1,864 1,034 639
Population Density per Square Mile 683 21 45 365 5,857 206 40 813 79 788 352 23 2 4 245 168 157 70 10 2 39 12 229 92 47
Percent of Population Total 21-64 Years with a Disability Population 144,190 5,625 200,310 279,231 95,576 69,947 22,165 68,045 39,766 170,555 24,161 20,651 476 5,260 43,348 47,423 56,530 9,348 6,842 1,922 45,909 5,819 78,730 16,226 8,830 20.8 18.8 22.2 17.9 17.9 23.6 16.8 15.8 18.3 16.4 15.6 23.3 23.8 22.1 20.3 17.6 23.6 22.0 23.3 26.0 24.4 21.4 18.4 17.0 29.3
An excellent Web site for more comprehensive disability data based on the 2000 U.S.Census is: http://rtc.ruralinstitute.umt.edu/geography/DistrictDisability.asp
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 5
CALIFORNIA HEALTH INCENTIVES IMPROVEMENT PROJECT GOALS AND OBJECTIVES FOR 2005
Sonoma State University, the California Institute on Human Services was awarded a new grant in 2005 by the Department of Health and Human Services, Centers for Medicare & Medicaid Services. The State has been awarded $562,956 to carry out a Comprehensive Employment strategy in addition to the basic Medicaid Infrastructure Grant activities. Project goals and objectives are highlighted below. Goal 1: Stakeholders will build state and local intergovernmental infrastructure to remove healthcare and other barriers to employment for people with disabilities and to maximize federal, state, local and private resources to facilitate their gainful and competitive employment. • • • • Engage in an inclusive, statewide strategic planning process to develop a comprehensive employment plan; Build intergovernmental infrastructure by having staff fully integrated with DHS & EDD staff; Support State leadership development consistent with AB 925, Aroner, (Statutes of 2002); and Support local leadership development through supporting local cross-program training and outreach activities.
Goal 2: Conduct outreach to increase awareness of and participation in the Medi-Cal Working Disabled Program, the new provisions of the IHSS Program at work, and other health related benefits that allow people with disabilities to maintain gainful employment and economic self-sufficiency. • Disseminate existing printed electronic and printed material: Medi-Cal Working Disabled; I Can Work; I Can Work (Youth); and Personal Assistance Services educational brochures; Conduct formal and informal presentations; and Develop and disseminate a tool kit for local communications and outreach efforts to be conducted in conjunction with benefits planning training in targeted areas.
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 5
CALIFORNIA HEALTH INCENTIVES IMPROVEMENT PROJECT GOALS AND OBJECTIVES FOR 2005
Goal 3: Expand and support the disability benefits counseling and training infrastructure serving people with disabilities, state and local program administrators, and front line staff to assist people with disabilities in achieving successful employment outcomes and economic self-sufficiency. • • • Continue to develop a network of community-based benefits planners through at least two interactive, on-line learning tools and one face-to-face meeting; Sponsor and evaluate at least three regional cross-program training series on health, disability, and employment; Expand the disability benefits training infrastructure by conducting “training of trainers” and coaching resulting in at least four newly qualified benefits planning trainers; Support maintenance of Web-based disability benefits training tools including www.db101.org.
•
Goal 4: Conduct data collection, research and policy analysis to evaluate the adequacy and effectiveness of, and develop improvement in, health incentives and other supports for people with disabilities related to employment, including for the Medi-Cal Working Disabled and In Home Supportive Services programs. • • • Evaluate the adequacy of state data systems to monitor essential program and employment data for people with disabilities; Report findings of evaluation and program data from targeted local areas to analyze the effectiveness of health incentive program design and implementation; and Work directly and indirectly with state and local agencies and the disability community to implement policy, program, and data systems improvement.
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 6
ASSISTIVE TECHNOLOGY DEMONSTRATION GRANT PROJECTS
Carson Lomita Torrance Carson, Lomita, Torrance currently has 10 people with disabilities enrolled in Workforce Investment Act programs. One person has recently been placed into employment. The Workforce Investment Board has visited and presented information on One-Stop services and specialized services for people with disabilities to 19 different agencies that serve the disabled community in the Carson, Lomita, Torrance Workforce Investment area. Golden Sierra More than $8,000 worth of resources for the hearing and visual disabled population has been supplied to the Roseville One-Stop with grant proceeds. One full-time resource specialist has been added to staff the One-Stop. A Disability Resource Specialist began work on November 8, 2004. The specialist has skills in interpreting and providing employment-related services to the deaf/hard of hearing community. One-Stop Career Center staff is being trained with the focus on individuals with visual impairments. Additionally, 15 staff are in training for American Sign Language to better serve the hearing impaired clients. The local area is also planning workshops for employers to promote potential workers with disabilities. Los Angeles County Due to contracting difficulties the Los Angeles County Workforce Investment Area’s Assistive Technology program got off to a late start. However, the program is now off and running. Recent developments in Los Angeles County follow: The Assistive Technology grant has established a working relationship with several agencies through joint efforts with Northeast San Fernando Valley WorkSource Center/LA Mission College, Greater Los Angeles Area on Deafness (GLAD), Department of Rehabilitation, Jobs for All and LA County WorkSource Centers. Two Los Angeles County Workforce Investment Board staff are currently working a portion of their time on this project. The GLAD has one staff working a portion of their time, as does Mission College. Staff are responsible for completing reports, coordinating efforts with the WorkSource Centers, GLAD, and Mission College, and oversight and monitoring.
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 6
ASSISTIVE TECHNOLOGY DEMONSTRATION GRANT PROJECTS
Merced County Merced County is using the Assistive Technology grant to train staff in the One-Stop Centers on disability awareness. The Workforce Investment Board is also using the grant to purchase assistive technology devices for the One-Stops. Additionally the county is partnering with Merced College Disabled Student Services to solicit input for the purchase of equipment to serve the county’s disabled population. The County is planning a marketing effort to the deaf/hearing-impaired community of Merced County, which has been described as a close-knit community. The One-Stops are training staff and gearing up to serve the community with excellent customer service. Merced County reports startup of the Assistive Technology project began slowly when the project was funded last July. However, they are ramping up services now with purchase of equipment. Additionally, two Merced County IT professionals recently underwent a one-day training in Cupertino to learn how to install software for disabled program into One-Stop computers that serve the public. Orange County Orange County has a Disability Program Specialist who is working three days at week at the Westminster One-Stop Career Center and two days a week at the Irvine One-Stop Career Center. A sign-language interpreter also works the two One-Stop Centers 20 hours a week to serve hard of hearing clients. The interpreter is also available by appointment. The Disability Program Specialist has trained office staff on how to use the TTY phone and the on-line relay service for deaf individuals. The Orange County One-Stop System has served 39 deaf and hard of hearing individuals. Of the 39, 14 have been enrolled in the Workforce Investment Act Program. Marketing efforts continue with deaf and hard of hearing counselors from Department of Rehabilitation offices in Fountain Valley and Laguna Hills. The resource specialist and Disability Program Navigator continue to work with Union Bank in efforts to hire individuals with disabilities.
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 6
ASSISTIVE TECHNOLOGY DEMONSTRATION GRANT PROJECTS
San Bernardino County San Bernardino has enrolled 284 people with disabilities into their Workforce Investment Act programs. As of this date February 28, 2005, they have not reported placements. All of the assistive technology equipment purchased with grant proceeds has been installed in the four comprehensive One-Stop Career Centers. The technology includes Open Book, Jaws, and Zum, text software. The workforce investment area has also purchased Pocketalker assistive listening devices, a 22-inch computer monitor, large key keyboards, Braille labels for the keyboards, TTYs to assist hearing impaired and visually impaired clients. Training on the Americans with Disabilities Act and assistive technology has been provided for the staff at all of the employment resource centers in San Bernardino County. San Francisco County San Francisco Private Industry Council completed purchase of assistive technology equipment for hearing and visually impaired One-Stop center customers. Training in the operation of the equipment for One-Stop staff is now underway. San Francisco already provides services to the intended groups, and efforts are underway to develop a better tracking system for services to the disabled and recording them as the grant prescribes. The card swipe system contains a basic yes-no disability question, and both TransCen's Project Advance and Deaf Counseling Advocacy and Referral Agency are active at their One Stop centers. All are poised to assist with the grant service plan, including data collection as soon as they implement. Once the assistive technology is installed, San Francisco will begin counting heads, as the Workforce Investment Act Job Training Automation requires. The Disability Program Navigator, Jana Overbo, writes "From records I can access, I have served 60 people with disabilities in the Civic Center and Mission Street One-Stops. These folks had mostly physical disabilities. There were three blind people and approximately ten with low vision issues. This is only the number I actually worked with. The phone calls to the Disability Program Navigator are more like four times that amount!" San Joaquin County The Local Workforce Investment Area reports 12 clients either visually or hearing impaired, have been enrolled into Workforce Investment Act programs since the grant was funded. The entire grant award of $76,247 was earmarked for purchase of outreach materials and equipment to serve blind, visually impaired, and/or deaf and hard of hearing customers in San Joaquin County’s six One-Stop Centers. 62
THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 6
ASSISTIVE TECHNOLOGY DEMONSTRATION GRANT PROJECTS
Tulare County Tulare County is using proceeds of the grant to stock the Dinuba Job Resource Center with tools such as Braille-printed materials, magnifying units, text telephones, and wordrecognition software to serve disabled clients. Nearly 75 job seekers with disabilities use the Tulare County Employment Connection Centers per month. The grant is also being used to train 12 staff members to interpret sign language. Tulare County has placed a total of five people with disabilities into the workforce. Of the five, one client is deaf/hearing impaired. Twenty-nine people with disabilities are enrolled in Workforce Investment Act programs. Two are blind or visually impaired and two more are deaf/hearing impaired. Ventura County With grant funds from the federal Workforce Investment Act, the Workforce Investment Board will ensure that opportunities and resources of the county's job and career centers are available to visually and hearing impaired job seekers and the underemployed. The Ventura County Workforce Investment Board is leveraging local and state resources to provide disabled clients contracted services for equipment and expertise featuring workshops, job placement, sign language interpreters, benefits coordination, and education and training assistance. Partners include the Department of Rehabilitation, Work Training Programs, Inc., Independent Living Resource Center, Inc., and the community college district.
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES Appendix 7
EQUAL EMPLOYMENT OPPORTUNITY OFFICER QUESTIONAIRE
STATUS OF EMPOYMENT OF PEOPLE WITH DISABILITIES (PWDs) IN STATE SERVICE
With the recent enactment of AB 925, the California Governor’s Committee on Employment of People with Disabilities (CGCEPD) is charged with coordinating efforts to increase inclusion of People with Disabilities (PWDs) in the workforce. The purpose of this questionnaire is to assist the CGCEPD in identifying current employment practices regarding PWDs in State Government. Prepared By: Date Prepared: ______________
Classification: ______________________________________________________ Department: ______________________________________________________ ) E-Mail Address: ____________________
Telephone Number: (
1. Assembly Bill 925 charges the Labor and Workforce Development Agency and the Health and Human Services Agency with the development of a comprehensive strategy to be a model employer of PWDs. How is your Department meeting this requirement?
2. The State of California currently makes available the Limited Examination and Appointment Program (LEAP) to State agencies to hire PWDs. During the past three years, how many PWDs has your Department hired from LEAP lists? _______________ (Number of People)
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES 3. PWDs.
4. Government Code Section 19795(b) requires State Departments to have an active Disabled Advisory Committee (DAC) available to advise the Director on employment issues affecting employees with disabilities. What is the composition of your DAC?
Who might we contact for additional information about your Department’s DAC? (Please provide the contact’s name, e-mail and phone number)
5. What barriers face your Department to employ and retain PWDs in State Service?
What is your Department doing to overcome these barriers?
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THE EMPLOYMENT STATUS OF CALIFORNIANS WITH DISABILITIES 6. Please describe any specific policies and procedures implemented by your Department to hire and accommodate PWDs.
7. How could your Department improve its efforts to hire PWDs?
What could the CGCEPD do to help?
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EDD, an equal opportunity employer/program, is a partner in this publication. Special requests for alternate formats need to be made by calling 916-654-8055.
Arnold Schwarzenegger Governor State of California Victoria L. Bradshaw Secretary Labor and Workforce Development Agency Kim Belshe΄ Secretary Health and Human Services Agency Patrick W. Henning Director Employment Development Department Norman M. Owen, Esq. Chair California Governor’s Committee on Employment of People with Disabilities Catherine Kelly Baird Executive Director California Governor’s Committee on Employment of People with Disabilities