STATE OF WASHINGTON
EMPLOYMENT SECURITY DEPARTMENT
WORKFORCE INVESTMENT ACT
POLICIES AND PROCEDURES
NUMBER:  4040
DATE:  07-03-00 Revision

This document has been formatted for use on this web site. It contains hyperlinks that enable the user to jump directly to specific areas within the document or to related documents. The information and guidance it contains has been revised (minor revisions). There are definitions for terms that may be unfamiliar. This communication applies only to ESD staff, however, local Workforce Development Councils (WDCs) and partner agencies are welcome to use the information when developing their policies and procedures.

SUBJECT:  Disability Placement Services

ORIGINATOR:  WIA Title III (Wagner-Peyser) (Labor Exchange Unit)

Both federal and state law support the Employment Security Department’s (ESD’s) commitment to Persons with Disabilities. The Wagner-Peyser Act, Section 8(d) and the United States Code (USC), Title 29, Chapter 4B, Section 49g (b), provide for the promotion and development of employment opportunities, job counseling, and placement for Persons with Disabilities. It also provides for the designation of disability placement staff and requires cooperation with the state vocational rehabilitation agency. The Revised Code of Washington, Section 50.12.210, requires that persons with physical, mental, or sensory disabilities be given equal opportunities in employment and charges ESD with giving particular and special attention service to those persons with physical, mental, or sensory disabilities.

It is the policy of the Employment Security Department (ESD) to promote and develop employment opportunities for Persons with Disabilities. This includes particular and special attention service in the areas of testing, auxiliary aids for effective communication, reasonable accommodation, and discrimination prevention. It also includes priority service in the areas of job referral, employment counseling, job development, etc. Priority service to Persons with Disabilities must be consistent, however, with ESD’s overall service priorities. Those priorities are as follows:

WorkSource Operations Division Responsibilities
Local Management Responsibilities | DPS Responsibilities
Other Staff Responsibilities | Determination of Disability and Registration
Reporting of Services | Desired Levels of Achievement

WorkSource Operations Division Responsibilities

The WorkSource Operations Division's Assistant Commissioner appoints the statewide Disability Placement Coordinator. This person is responsible to:

1. Develop policies and procedures related to disability placement services;

2. Provide technical assistance to the local Disability Placement Specialists and their backups;

3. Monitor and evaluate disability placement services on a statewide basis;

4. Prepare reports regarding services provided, as necessary;

5. Participate on various task forces and committees concerned with disability issues;

6. Coordinate with the Governor's Committee on Disability Issues and Employment (GCDE);

7. Coordinate with ESD’s Affirmative Action - Employee Relations Office; and

8. Coordinate with the Department of Social and Health Services (DSHS), Division of Vocational Rehabilitation (DVR).

WorkSource Operations Division training staff provide all necessary training for the local Disability Placement Specialists and their backups.

Local management review the experience and qualifications of staff for the purpose of determining which staff person to designate as the local Disability Placement Specialist.

NOTE:  In order to ensure that this special assistance is available at all times, local management designates a backup who fills-in when the Disability Placement Specialist is unavailable.

When a Disability Placement Specialist and backup are designated, management arranges for training and/or technical assistance in areas such as disability awareness, employment counseling, testing, and placement, as necessary for the purpose of developing acceptable disability placement services.  Management must keep the WorkSource Operations Division's statewide Disability Placement Coordinator apprised as to the name and telephone numbers of the current Disability Placement Specialist and backup at each service delivery site.

Management is also responsible for initiating and maintaining, when appropriate, nonfinancial local working agreements with other agencies for services to Persons with Disabilities (see the Interagency Agreement with the Department of Social and Health Services Division of Vocational Rehabilitation).

Disability Placement Specialists are responsible to:

1. Provide services to persons with significant employment barriers due to disabilities;

2. Assist other point-of-service staff in becoming familiar with ESD policies and procedures concerning the provision of services to Persons with Disabilities;

3. Perform oversight and technical assistance to point-of-service staff with regard to all services to persons with disabilities; and

4. Furnish oversight and coordination in arranging for all particular and special attention service. For more detailed information, refer to Policies and Procedures communications numbered 0013, Discrimination Complaint Procedures; 0013-1, Nondiscrimination on the Basis of Disability in Departmental Programs and Activities; 0027, HIV/AIDS; 1011, Use of Barrier Free Facilities and Programs for Agency Sponsored Events; 4042, Testing Services for Persons with Disabilities; 4012, Job Service Complaint Procedures; 4005, Serving Employers Operating Under Affirmative Action Programs; and 4041, Auxiliary Aids for Effective Communication.

The following activities are also necessary to effectively provide disability placement services in each JSC:

• Gather and maintain information, documentation, pamphlets, etc., regarding supportive services, training, service agencies, etc., that could be of benefit in serving Persons with Disabilities.

• Establish relationships (network) with other local government agencies and community-based organizations that provide services to Persons with Disabilities.

• Act as a referral/information resource for staff, job seekers, employers, and other agencies.

• Provide assistance and resources to the GCDE to assist in identifying issues and concerns relating to the rights and needs of Persons with Disabilities.

• Provide or arrange services for Persons with Disabilities, including reasonable accommodation, employment counseling, testing, selection and referral, job development, referral to supportive services, referral to training, job restructuring, forms preparation assistance, etc.

• Develop an adequate scheduling procedure through which other point-of-service staff may refer Persons with Disabilities to the Disability Placement Specialist for services.

• Provide oversight functions regarding disability-related services. These oversight functions include reviewing automated registrations, counseling records, reports, and other service documents, and reporting any areas of concern to management.

NOTE:  Confidential materials are kept in existing counseling or program case files (e.g., WorkFirst, Food Stamps, Veterans). There is no requirement to establish a separate set of case files.

All point-of-service staff are expected to provide priority services to Persons with Disabilities as a part of their normal job duties. Only persons having disabilities that are considered to be a significant barrier to employment or clients that have requested such referral are referred to the Disability Placement Specialists. Staff base such referrals on the following criteria:

1. The disability necessitates a change of occupation;

2. The disability requires a change in working conditions of a substantial nature;

3. The disability is recent and the person needs assistance in adjusting to a new occupation or working condition (the Disability Placement Specialist may need to seek assistance from an agency such as the Department of Social and Health Services Division of Vocational Rehabilitation in resolving these issues);

4. When difficulty with employer acceptance is anticipated;

5. The person lacks work experience and needs assistance in determining the types of work that could be sought, as well as assistance with job restructuring and reasonable accommodation to compensate for specific disabling conditions; and/or

6. Provision of effective services for the client requires a knowledge base that can only be obtained through the Disability Placement Specialist.

If the person is a Veteran or Other Eligible Person who has a disability or is a Disabled Veteran needing special services, a referral is made to the Local Veterans Employment Representative (LVER) or Disabled Veterans Outreach Program (DVOP) Specialist. However, before such referral is made, the LVER, DVOP, or any other staff person involved is fully briefed on any preliminary information. For more detailed information, refer to Policies and Procedures communication number 4030, Services for Veterans.

The Wagner-Peyser Act and state law mandate that ESD promote and develop employment opportunities for Persons with Disabilities. Federal law also requires that public facilities and their services be accessible. Therefore, in order to provide special services, staff inquire as to the presence of a disability. This inquiry is made of all job seekers.

In querying a job seeker regarding the presence of a disability, staff preface the question by explaining that priority service is offered to Persons with Disabilities. An acceptable inquiry is:

Do you have a sensory, mental, or physical disability that substantially limits one or more of your major life activities? (The disability must meet the definition shown in the Definitions Section and careful explanation must be given to the job seeker.)

Information is entered into the automated system as follows:

1. If the job seeker states he/she has a disability, staff enter one of the following options in the "HDCP/Disabled" field on the Applicant Registration screen: 1. Handicapped, 2. Disabled Veteran, 3. Special Disabled Veteran.

2. If the job seeker states he/she is not disabled, staff enter "0" for No in the "HDCP/Disabled" field on the Applicant Registration screen.

3. If the job seeker chooses not to respond, staff enter "4" for Did Not Respond (DNR) in the "HDCP/Disabled" field on the Applicant Registration screen.

If the job seeker indicates the presence of a disability, staff then determine whether any accommodations are necessary in order for the person to access ESD services. An appropriate inquiry is:

Do you require any special accommodations in order to be able to access our services? (This question is best asked at a relevant point in the interview/assessment process.)

If accommodation is necessary, staff determine, with the assistance of the job seeker, what reasonable accommodations are needed (see Policies and Procedures communication number 0013-1, Nondiscrimination on the Basis of Disability in Departmental Programs and Activities).

NOTE: Information regarding any necessary accommodations is entered on the Applicant Key Information screen. This information is obtained so that ESD can assure access to its services. This is the only information regarding an applicant's disability that is entered on the Applicant Key Information screen and it is not to be shared with employers.

Persons with Disabilities are registered as is most appropriate for each individual; however, some individuals have Applicant Key Information screens completed in order to document any reasonable accommodations that are necessary to provide access to ESD services.

The presence of a disability or need for accommodation does not affect the decision to refer a job seeker. The decision to refer a job seeker to a specific job is based on the criteria and procedures outlined and defined in Policies and Procedures communication number 4008, Selection and Referral, section entitled Determining Applicant Suitability. The job seeker should discuss any accessibility or accommodation issues regarding the interview process or employment directly with the employer.

All reporting on disability placement services is handled through the automated system.

The Department's desired levels of achievement in providing disability placement services are as follows:

• At least five percent of the total applicants available should be Persons with Disabilities.

• The level of services provided to Persons with Disabilities should meet or exceed the level of services provided to non-disabled job seekers.

Following is the definition of "Person of Disability" as contained in federal regulations and as adopted by ESD in Policies and Procedures document number 0013-1, Nondiscrimination on the Basis of Disability in Departmental Programs and Activities.

"Any person who has a physical, sensory, or mental impairment which substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment."

"Substantially limits" means the degree that the impairment affects employability. A disabled individual who is likely to experience difficulty in securing, retaining, or advancing in employment would be considered substantially limited.

"Major life activities" include: communication, ambulation, self-care, socialization, education, vocational training, employment, transportation, adapting to housing, etc.

"Has a record of such an impairment" means that an individual may be completely recovered from a previous physical or mental impairment. It is included because the attitude of employers, supervisors, and co-workers toward that previous impairment may result in an individual experiencing difficulty in securing, retaining, or advancing in employment.

"Is regarded as having such an impairment" refers to those individuals who are perceived as having a disability, whether an impairment exists or not, but who, because of attitudes or for any other reason, are regarded as disabled by employers or supervisors, who have an effect on the individual securing, retaining, or advancing in employment.

The Workforce Investment Act (WIA) of 1998, Public Law 103-152 (WorkSource); the Wagner-Peyser Act as amended by WIA (Labor Exchange); the Americans with Disabilities Act (ADA) (Persons with Disabilities); the Code of Federal Regulations (CFR), Title 20, Chapter V, Part 652 (Labor Exchange), the Revised Code of Washington (RCW) Chapters 49.60 and 50.12.210 (Persons with Disabilities).

This communication cancels and supersedes Policies and Procedures document number 7014, dated February 4, 1991.

This Agreement is made and entered into by and between the Washington State Employment Security Department (hereinafter called "ESD"), and the Washington State Department of Social and Health Services Division of Vocational Rehabilitation (hereinafter called "VR"). ESD and VR recognize that the services of both agencies offer important opportunities for persons with disabilities to be employed. This Nonfinancial Agreement establishes goals and guidelines for the planning and development of local working relationships, and the possible development of written local working agreements for both agencies.

The purpose of this Agreement is to facilitate discussions between local administrators (or designees) of ESD and VR for the development of local working relationships, and the possible development of written local working agreements.

In implementing this Agreement, ESD and VR are guided and motivated by the following shared values:

1. The opportunity to work is fundamental for persons with disabilities.

2. Staff in both agencies are committed to increased and improved employment opportunities for persons with disabilities.

3. With evaluation, vocational guidance, and support, persons with disabilities can become valuable employees.

4. Employment is an appropriate and valued outcome of the vocational services provided by both agencies for persons with disabilities.

The goal of this Agreement is to maximize the number of persons with disabilities placed into employment utilizing the combined resources of ESD and VR.

Local administrators (or designees) of ESD and VR will develop local working relationships that will satisfy the goal of this Agreement. Written local working agreements will be developed if deemed necessary by either party. If written agreements are developed, they will be in the form of a Cooperative Agreement or Memorandum of Understanding. In addition, each local VR office and JSC will designate liaison personnel who will be responsible for local coordination.

Local working agreements may include but are not limited to the following activities and procedures:

1. Exchange of local labor market information available from local staff on current and projected job opportunities. Also, exchange of pamphlets, fliers, and other written materials designed to assist staff and mutual clients to become knowledgeable of each agency's program of service.

2. Exchange of agency forms required for clients to access services.

3. Sharing of client information necessary for effective service delivery to mutual clients.

4. Sharing of specialized services.

5. Procedures for ESD/VR screening of potential "job ready" client referrals to ESD.

6. Procedures for ESD/VR screening of potential client referrals to VR.

7. Plans for interagency meetings and/or training sessions where information can be exchanged and concerns voiced face-to-face.

1. Local working agreements may not supersede the Test Release Agreement currently in effect between ESD and VR.

2. Local working agreements may not prescribe interagency electronic access or hookup to either VERTEK or JobNet.

3. Exchange of labor market information, pamphlets, and other materials, as mentioned above, is limited only in that reimbursement for reproduction costs of additional materials beyond an initial supply may be sought.

Some applicants for ESD and VR services will need specialized services. Both agencies agree to share these services at no cost to the other. The following are some examples of specialized services, but are not intended to limit the range of specialized services for mutual clients:

This Agreement shall be effective on the date when signed by both the ESD and VR, and shall be in effect for five (5) years unless extended by written agreement executed by both of the parties hereto.

During the performance of this Agreement, the parties agree to comply with the terms of the following nondiscrimination provision, as well as the federal and state laws and regulations governing equal employment opportunity.

No person shall, on the grounds of race, creed, color, religion, sex, sexual orientation, marital status, national origin, age, sensory, mental or physical handicap, or political affiliation be discriminated against or denied employment as a participant or staff person in connection with any program under this Agreement, provided that the prohibition against discrimination in employment because of handicap shall not apply if the particular disability prevents the proper performance of the particular work involved.

In the event that one of the parties hereto refuses to comply with the above provision, this contract may be cancelled, terminated, or suspended in whole or in part by the other party.

Either party may terminate this Agreement at an earlier date by giving sixty (60) days written notice to the other party.

This Agreement may be waived, changed, modified, or amended only by written agreement executed by both of the parties hereto.

Problems that arise locally concerning client service or coordination activities should be resolved by local management. Problems that cannot be satisfactorily resolved by local management may be referred to the Assistant Commissioner (ESD) and Assistant Director (VR) level for resolution.

If a dispute should arise regarding the terms of this Agreement or the duties imposed herein, the dispute shall be resolved as follows: ESD shall appoint a representative to a dispute panel; VR shall appoint a representative to the dispute panel; and ESD and VR representatives shall mutually agree on a third person to chair the dispute panel. The dispute panel shall thereafter decide the dispute with the majority prevailing. Neither party shall have recourse to the courts unless there is a showing of noncompliance with or waiver of this section.

VR shall protect, save and hold harmless ESD from all claims, costs, damages or expenses arising out of the negligence of VR. Likewise, ESD shall protect, save, and hold harmless VR from all claims, costs, damages, or expenses arising out of negligence of ESD. In the case of negligence of both ESD and VR, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party.

Any waiver by any party hereto with regard to any of its rights hereunder shall be in writing and shall not constitute a waiver to any future rights which such party might have hereunder.

This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington. The venue of any action brought hereunder shall be in the Superior Court for Thurston County.

This Agreement sets forth in full the entire agreement of the parties, and any other agreement, representation or understanding, verbal or otherwise, is hereby deemed to be null and void and of no force and effect whatsoever.

If any provisions of this Agreement shall be deemed in conflict with any statute or rule of law, such provision shall be deemed modified to be in conformance with said statute or rule of law.

DEPARTMENT OF SOCIAL AND HEALTH SERVICES
Secretary or Designee

EMPLOYMENT SECURITY DEPARTMENT
Commissioner or Designee

Assistant Secretary for Health & Rehabilitative Services

Director of Division of Vocational Rehabilitation

Assistant Attorney General
Approved as to Form Only

NOTE:  This agreement (93-Z-011) was implemented in August of 1992.  A signed copy is on file in ESD's Contracts Office.