OASAM-REGIONAL HUMAN RESOURCES OFFICECHICAGO/KANSAS CITY REGION

Effective Use of Schedule A -

Excepted Service – Appointing Authority

Using Schedule A - Hiring Authority to

Appoint People with Disabilities

The Schedule A - Hiring Authority

• Schedule A is an Excepted Service appointment (5 CFR 213.3102) or hiring authority that allows selecting officials to hire people with disabilities without going through the traditional job posting and competitive process.

• To be eligible for Schedule A, a person must meet the definition for a disability which is defined as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.

Schedule A• Schedule A is a hiring Authority for people with mental,

psychiatric and severe physical disabilities. It is designed to assist Federal agencies with increasing employment of people with disabilities.

• Agencies should use this hiring authority for a number of Reasons:

1. Improves the Federal Government’s ability to hire persons with disabilities.

2. Individuals with disabilities are a good source of talent.3. No vacancy announcement is required.4. Agencies don’t have to clear a surplus list of

employees.5. Hiring process is significantly streamlined because it is

designed to remove barriers and increase employment opportunities for these individuals.

Competitive Process

Hiring through the Competitive Process

• Candidates apply on-line via www.jobs.dol.gov or www.usajobs.opm.gov.

• Submit a resume or application.• Respond to vacancy specific questions in

DOORS.• Submit supplemental information including

Schedule A documentation (if applying under Schedule A).

Hiring through the Competitive Process

• Candidates apply on-line via www.jobs.dol.gov or www.usajobs.opm.gov.

• Submit a resume or application.• Respond to vacancy specific questions in

DOORS.• Submit supplemental information including

Schedule A documentation (if applying under Schedule A).

Competitive Process (Continued)

• Information goes directly to HR Specialist.

• Applicant must meet basic qualifications for the position.

• A list of qualified Schedule A candidates is provided along with the certificate of eligible candidates for Merit Promotion.

Non-competitive ProcessHiring through the Non-competitive Process:

• Candidates submit resume or application directly to the agency officials.• Candidates submit Schedule A Certificate from a State Vocational Rehabilitation Agency, Department of Veterans Affairs, or a Licensed Medical Professional; • Manager submits the application package of qualified applicants directly to the Human Resources Office for further consideration.•HR Specialist ensures that the candidate meets basic qualifications for the position and reviews proof of disability.

Certification of Schedule A Eligibility

• Documentation may be accepted from the following entities: Licensed medical professional. Federal agency that issues or

provides disability benefits (e.g., Social Security Administration, Department of Veterans Affairs).

Documentation or letter of certificate from a State/Private Vocational Rehabilitation Agency counselor.

Proof of Disability and Certification of Job Readiness

• Eligibility for appointments under the Schedule A authority consists of two parts: Proof of Disability: An individual

interested in being hired under the Schedule A authority must provide proof that he or she is indeed an individual with mental retardation, severe physical disability, or psychiatric disability. This proof must be provided to the Human Resources Office before an individual can be hired.

Sample Documentation from Potential Schedule A Candidate Sam

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Certification of Job Readiness• A candidate considered under this authority

must be ready to perform the duties assigned to the position for which he/she is receiving consideration. Such certification is a statement that the candidate is likely to succeed in the performance of the duties of the position for which he or she is applying. For instance, the certification of job readiness for an individual applying for a position as an Administrative Assistant or an Accountant may state that the “individual is likely to succeed performing work in an office environment.”

Certification of Job Readiness (Continued)

• The same entities who may provide proof of disability may also certify an individual's job readiness. (i.e., licensed medical professional or vocational rehabilitation counselor).

• An applicant can be appointed in lieu of job readiness certification to a temporary position and may be converted to a time-limited or permanent appointment once performance is deemed satisfactory.

Type of Appointment

The employee serves a trial period of two (2) years. After the trial period, he/she may be converted to a permanent (career conditional) appointment.

Hiring Disabled Veterans

30 Percent or More Disabled • Authority enables a hiring manager to

appoint an eligible candidate to any position for which he or she is qualified, without competition;

• There's no grade-level limitation; • Initial appointments are time-limited,

lasting more than 60 days; • Individual can be converted

noncompetitively to a permanent status at any time during the time-limited appointment.

30 percent or More Disabled

Who is eligible?• Disabled veterans retired from active

military service with a disability rating of 30 percent or more;

• Disabled veterans rated by the Department of Veterans Affairs (VA) as having a compensable service-connected disability of 30 percent or more.

Interviewing

• Interviewing people with disabilities is the same as interviewing people without disabilities.

• State the essential functions of the job and the competencies required to perform those functions.

Interview Questions: What Can You Ask?

How can employers find out what they need to know without violating Federal nondiscrimination laws?

• By remembering one basic rule: Ask applicants about their abilities, not their disabilities.

Questions You Can Ask

• GENERAL RULE: Employers can ask questions about an applicant’s ability to perform specific job functions… What education, skills, and training do you have

related to the relevant job functions? Can you perform all of the required job functions

and duties? What certifications and licenses do you have? Can you satisfy the physical requirements of this

job? (List the requirements.) How would you perform the specific job

functions? (If employers ask this, they must ask all applicants.)

Questions You Cannot Ask

• GENERAL RULE: Employers cannot ask questions about the existence, nature, or severity of a disability… Do you have a disability that might affect your

ability to do the job? Have you ever been treated for any emotional or

mental health problems? Have you ever been hospitalized? For what?–How

did you become disabled? Why do you use a wheelchair? Are you taking any medications? How much sick leave did you use on your last

job? Are you expecting to take any medical or

disability leave in the near future? Have you ever filed for workers’ compensation?

Accessible Interviews

• Interviewers should be aware of the accessibility of the interview site (e.g., accessibility of the building, interview office, and bathroom; and arrangements for accessible parking).

• Sign language interpretation must be provided if requested.

• Applicants should state any accommodation needs at the time of the interview is scheduled.

Accommodations

• CAP – Within the federal government there is a wonderful program housed with the Department of Defense. The Computer/Electronic Accommodations Program (CAP) provides assistive technology and services to people with disabilities throughout the federal government FREE OF CHARGE!

• CAP will do the needs assessment, buy the needed technology, train the employee on how to use it, and follow up with updates.

• Further information can be found at http://www.tricare.mil/cap/.

Accommodations (Continued)

• JAN – The Job Accommodation Network (JAN) represents the most comprehensive resource for job accommodations available, and is a terrific and easy-to-use resource. This free consulting service includes providing individualized worksite accommodations and related subjects for employers and people with disabilities. Additional information can be found at http://www.jan.wvu.edu.

Role of the Hiring Official

The hiring official should communicate his/her interest in using Schedule A to fill a specific

vacancy.

Role of HR Specialist

Human Resource Specialist

• Provides hiring managers and/or supervisors with a list of qualified applicants for a specific position;

• Consults with the hiring managers to decide what type of appointment (time limited or permanent) is to be offered under Schedule A;

• Extends official offer of employment.

Interesting Statistics

New Unemployment Data from the Current Population Survey

• There are almost 27 million working-age Americans with disabilities (To be precise, 26,952,000 civilian, noninstitutionalized

children and adults, 16 years and over, according to the Bureau of Labor Statistics)

• In January 2010, Percent of people with disabilities in the labor force:

21.8% (21 million are NOT in the labor force) Percent of people without disabilities in labor force:

70.1% Unemployment rate for those with disabilities:

15.2% (Not seasonally adjusted) Unemployment rate for persons with no disability:

9.7% (Seasonally adjusted)

http://www.bls.gov/news.release/empsit.t06.htm

Decrease in Federal Employment of People with Disabilities

• Over the past 20 years the total Federal workforce has increased by 5.2%.

• But the number of Federal employees with targeted disabilities has actually decreased almost 15%.

o FY ’97: 28,671 Federal employees with targeted disabilities

o FY ’07: 23,993 Federal employees with targeted disabilities

• Source: EEOC Annual Report on the Workforce, 2007

Department of Labor Disability Employment Rate

At the Department of Labor • Federal Average for 2008: .88%• Department of Labor Average for

2008: 1.22%• But it has decreased from a 2003

high of 1.40%• Source: EEOC Annual Report on the Workforce,

2008

Ongoing Efforts• EEOC’s Leadership for the Employment

of Americans With Disabilities (LEAD) Initiative: To significantly increase the population of individuals with targeted disabilities employed by the federal government.

• Federal Disability Workforce Consortium (FDWC) http://www.fdwc.wordpress.com

• ODEP initiatives

Develop a diverse workforce• Disability adds another dimension to diversity efforts• Employees with disabilities come from all backgrounds and ages, and have varied skills and perspectives.

ODEP’s Business Case http://www.earnworks.com/BusinessCase

Why Employ People with Disabilities?

DOL’s Hiring Initiative

• DOL has the opportunity to have its workforce mirror the diverse population it serves.

• The following tools and resources will help hiring managers find talented, qualified candidates with disabilities, quickly and easily.

Recruitment Resources

Ways to recruit talented workers with disabilities: o Postings at job service or workforce

employment centerso Contacting college and university

career centers and disability services offices

o Partnerships with disability-related advocacy organizations

Recruitment Resources

Vocational Rehabilitation Services • State Vocational Rehabilitation Agencies http://www.rehabnetwork.org/directors_contact.htm

Employment and Training Administration• One-Stop Career Centershttp://www.servicelocator.org

• U.S. Department of Labor Disability

Program Navigators http://www.doleta.gov/disability

Recruitment Resources

Disability Service and Advocacy Organizationso Local disability organizations, e.g.,

Centers for Independent Living www.ilru.org/html/publications/directory/index.html

o •Employer Assistance and Resource Network for local employment service providers and local job seekershttp://www.earnworks.comPhone: 1.866.327.6669

Recruitment Resources

Social Security Administration Employment Resources

• Ticket to Work Employment Networkshttp://www.yourtickettowork.com/endir

• Work Incentive Planning and Assistance Program

http://www.yourtickettowork.com/wipas

Recruitment ResourcesBuilding Your Talent Pipeline

o Workforce Recruitment Program (WRP) A Pre-screened database of students with disabilities for internships or permanent employment http://www.wrp.gov

o Student Temporary Employment Program (STEP) Affords students the opportunity to gain valuable work experience while still in high school.

o Students Career Experience Program (SCEP) Enables students to be noncompetitively converted to term, career or career-conditional appointments.

o Connect with local colleges and universities through their disability services offices and career centers.

Veteran Recruitment Resources

• Veteran Hiring Resourceso Hire Vets First

http://hirevetsfirst.dol.gov/o Hiring Resources

http://www.americasheroesatwork.gov/links/links2#hiring

o EARN Veterans Resources http://www.earnworks.com/veterans/tools/HR_resources.asp

o Career Onestop http://www.careeronestop.org/militarytransition/employers.aspx

Veteran Recruitment Resources(Continued)

Veteran Hiring Programs •Operation Warfighter – Temporary

assignment or internship program for severely wounded service members in treatment or rehabilitation at military medical centers, salaries paid by program. http://tinyurl.com/OperationWarfighter

•One Stop Career Centers can connect you with specialized local Veterans' Employment Representatives (LVERs) and Disabled Veterans' Outreach Program (DVOP) staff to find qualified veterans. http://www.careeronestop.org/militarytransition/employers.aspx

Hiring Resources Schedule A • The ABC’s of Schedule A (LEAD)

http://www.eeoc.gov/eeoc/initiatives/lead/abcs_of_schedule_a.cfm

• Office of Personnel Management http://www.opm.gov/disability/

Veterans• Office of Personnel

Managementhttp://www.opm.gov/veterans/

Additional Resources

Resources on interviewing candidates with disabilities:

• Job Accommodation Network–“Pre-Offer, Disability Related Questions: Dos and Don’ts”http://www.jan.wvu.edu/Erguide/Two.htm

• EEOC guidance–Pre-employment Disability-Related Inquiries and Medical Exams http://www.eeoc.gov/policy/docs/preemp.html

• EEOC Guidance–Job Applicants and the ADA http://www.eeoc.gov/facts/jobapplicant.html

Effective Use of Schedule A Excepted Service – Appointing

Authority