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Each state agency is required by federal and state law to provide equal employment opportunity and to have non-discriminatory employment practices. In addition to other mandates, the State Personnel Board (SPB) assists state departments and agencies in the recruitment, employment and retention of persons with disabilities within state civil service. Governor Schwarzenegger's EO 5-6-04 and other statutes direct the SPB to provide leadership, guidance and enforcement of the equal employment opportunity rights of persons with disabilities. The SPB provides resources for job applicants, state departments and agencies and employees with disabilities. In addition, the SPB collects, monitors and reports employment information regarding the representation of state employees with disabilities.

Definition of Disability

Under the California Fair Employment and Housing Act (FEHA), the definition of disability includes "having any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss" that "limits an individual's ability to participate in major life activities."

Identification of State Employees with Disabilities

The SPB has developed a scannable Employee Disability Questionnaire- Standard 740. The form is available for order from the Office of State Publishing. Departments can no longer use the old Form 131, or Form 131a questionnaire.

Resurveying is a method to recount the number of employees with disabilities working within a particular department. New employees in state service typically receive a State Employee Disability Questionnaire and are asked to disclose whether or not they have a disability. Over time, an employee may develop a disability and it is important to accurately reflect this information. Through resurveying, a department can recount, or solicit disability information from the entire department in order to determine the current number of employees with disabilities.

As an example, upon completion of the resurvey, the Office of the Controller found that the number of workers with disabilities saw a significant increase. In 2004-2005, the percentage of employees with disabilities was at 10.7%. For 2005-2006, the representation increased to 19.2%.

The State Personnel Board offers the following tips for effective resurveys:

Inform and reassure employees that the information provided is guaranteed confidential and not maintained in personnel files. (Privacy Act of 1974, PL 93-579)
Inform employees that the results of the resurvey are used solely to provide statistical information and aid in the creation and implementation of programs and resources for employees with disabilities.
Assign the resurvey to the Disability Advisory Committee, as opposed to the department's Personnel or EEO Office, to minimize employee anxiety regarding the completion of the survey.
Provide to employees survey response envelopes labeled "Confidential" and addressed directly to the State Personnel Board.

SPB RESOURCES

Government Code Section 19232 requires state departments to have an effective equal employment opportunity program for persons with disabilities. As part of this, each state department is required to review its representation of employees with disabilities, to assess its employment practices to ensure that there are no non-job-related employment barriers, and to set annual employment goals for persons with disabilities. The SPB has established guidelines which to comply with these requirements.

Procedures for Establishing Employment Goals for Persons with Disabilities

SPB also provides information to persons with disabilities who are seeking employment with the State of California.

Important Information for Persons with Disabilities Applying for State Civil Service Examinations
LEAP (Limited Examination and Appointment Program) - The Limited Examination and Appointment Program (LEAP), is designed to offer an alternative examination process to individuals with disabilities. Using LEAP can help increase the representation of employees with disabilities in state departments and agencies.
Reasonable Accommodation - Reasonable Accommodation is an important consideration in hiring persons with disabilities. SPB offers several resources and important information about Reasonable Accommodation to state departments, agencies, employees and potential employees.
The Statewide Disability Advisory Council (SDAC) - The Statewide Disability Advisory Council (SDAC), is an advisory committee that serves at the request of SPB's Executive Officer. SDAC holds monthly meetings attended by representatives of a Disability Advisory Committees (DACs) to discuss employment issues and concerns of state employees with disabilities.
The Ten Commandments of Communicating with People with Disabilities - The SPB makes available for checkout an informative, educational video that may be used for internal departmental training.

The following information is distilled from an SPB Hearing on January 11, 2005. Testimony was provided by Dr. Catherine Campisi from the Department of Rehabilitation; Linda Rogaski, from the Governor's Committee on Employment of Persons with Disabilities, and Sonja Merold from the Department of Consumer Affairs.

The following resources provide information regarding the employment and retention of individuals with disabilities in four areas: Legal Information, Federal Resources, California Resources and Other States. The SPB does not verify nor endorse the currency and/or accuracy of content found on these non-SPB websites.

Legal Information

California Disability Access Information - Information on laws and regulations pertaining to individuals who have disabilities in the State of California. Areas covered include; the private sector, government, employment, transportation, education and the ADA Interagency Task Force. There are also several links to other useful websites with further information on legal issues pertaining to persons with disabilities in California.
U.S. Equal Employment Opportunity Commission - A federal agency which offers legal information regarding disabled persons' rights. This site contains ADA statistics on person with disabilities, describes federal laws and regulations regarding persons with disabilities and where to seek guidance if needed.
Americans With Disabilities Act - Offers information and technical assistance to those interested in the Americans with Disabilities Act (ADA). Frequently Asked Questions regarding the ADA are offered on this site as well as links to other information related to persons with disabilities. Also provided is a list of resources available both to local and state governments as well as an informational packet titled, A Guide to Disability Rights Laws.
Disability Info.Gov - Created as a result of President Bush's New Freedom Initiative. A user-friendly website that offers information on "Americans with Disabilities", laws and regulations pertaining to individuals with disabilities, as well as, several resources for persons who have disabilities seeking employment and legal rights information.

Court Cases Demonstrating ADA Violations:

Government Codes Pertaining to Persons with Disabilities:

California Resources

Employment Development Department - Provides numerous resources on the employment of persons with disabilities. Click on the section titled, People with Disabilities.
The Governor's Committee on Employment of Persons with Disabilities - Provides information on the committee, its purpose, members, activities and current issues facing the committee. There are links to various programs and services in the disabled community which promote employment.
The Friends of the Governor's Committee on Employment of Persons with Disabilities Inc. - A supplemental site to the Governor's Committee on Employment of Persons with Disabilities, that provides information to the general public regarding activities, awards, education, current events and other issues.
Department of Rehabilitation - Provides resources for employers and other state departments including, the recruitment and hiring of disabled employees, workplace successes, Q & A's on disabilities, and links to several resources dedicated to the hiring and retaining persons with disabilities in the workplace.
Disabled in State Service (DISS) - An organization which promotes increased employment, retention and upward mobility of persons with disabilities in the public sector. Their mission is, "to ensure action on disability issues in State government".

Federal Resources

Office of Disability Employment Policy - (A division of the U.S. Department of Labor). Offers links for the general public who wish to receive information on persons with disabilities and employment. The mission of ODEP is to provide "national leadership by developing and influencing disability-related employment policy as well as practice affecting the employment of person with disabilities".
Earnworks - The Employer Assistance and Recruiting Network (EARN). A free service designed to help employers hire individuals with disabilities. This website contains helpful information on recruiting services, tools and resources. It also features success stories of persons with disabilities, who through this service, obtained job placement. This site contains useful tools for both the employer and potential employee on disability employment.
Job Accommodation Network - A free service offered by the U.S. Department of Labor's Office of Disability Employment Policy. This website provides information on reasonable accommodation options, hiring qualified individuals with disabilities, issues of accessibility, and offers many tools that may be used by both the employer, the employee and the job seeker.
Interim Report on Best Practices for Employment of People with Disabilities in State Government - Conducted by the U.S. Equal Employment Opportunity Commission. Written in response to the New Freedom Initiative, this report highlights four model states: Florida, Maryland, Vermont and Washington. This report explores the hiring and retaining of disabled employees in state government and the private sector, accommodation methods, and the advancement of disabled employees within the state government.
Disability Employment 101 - Created as a joint effort of the U.S. Department of Education and the U.S. Chamber of Commerce. Provides resources that assist employers in creating and maintaining a plan to employ persons with disabilities. Topics covered in this guide include: finding qualified employees, cultivating the next generation, learning from others and putting research into practice.

Other States

Indiana

Disability Awareness Month (State Agencies) - An informational handout distributed to agencies in the state of Indiana during October, National Disability Awareness Month, which offers tips and suggestions for a successful month. The handout provides examples of what other states are doing to support and promote National Disability Awareness Month.
Disability Awareness Month (Private Business) - An informational tool utilized by the state of Indiana during the National Disability Awareness Month in October. Geared towards private employers. The tips, activities and tools are applicable to any employer, including state departments during National Disability Awareness Month.

Iowa

Working with Persons with Disabilities Guidebook - Created for Iowa state supervisors and managers. This step-by-step booklet details the process of hiring and retaining employees who are disabled in the state civil system. Topics include: the interview process, hiring procedures and reasonable accommodation.

Kansas

Guidelines for Reporting and Writing About People with Disabilities - Provides guidelines regarding appropriate terminology for use in reports and other written documentation pertaining to persons with disabilities.

Wisconsin

Tips to Hire and Include Employees with Disabilities in Your Workplace - A guide to aid state supervisors and mangers in hiring and retaining employees with disabilities in their departments.

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Last modified: 2/5/2008