Wednesday, June 29, 2016

A BILL TO EMPLOY THE DISABLED AND VETERANS IN NORTH CAROLINA



Standard Hiring Practices Model:

The purpose of this legislation is to assist people with disabilities acquire employment.   A disabled person, and person with a mobility impairment is defined in the Americans with Disabilities Act of 1990.  It is envisioned both people with disabilities, and, more importantly persons with mobility disabilities, like persons using wheelchairs, will be employed according to the targeted figures below.  For the purposes of this legislation, a disabled person is defined using that definition as of the date of the enactment of this legislation, found in the ADA of 1990. For the purposes of this legislation, Title 38, or any otherwise applicable US Code, of the Code of Federal Regulations defines a veteran as “a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.”   The term of this legislation is six years from the date of enactment.  These are minimum standards and targeted employment goals during the hiring process. Our honorable disabled veterans are included in these targeted goals. A disabled veteran often meets the definition of both a disabled person, with or without a mobility impairment, and concurrently a veteran.

While legislation has been passed to ensure people with disabilities are not discriminated against, the unfortunate reality is they are not making it into the workforce, despite inherent protections.  Hence, we believe affirmative acts towards the employment of the disabled need to be taken on a short-term basis.  It is hoped identified employee candidates that have disabilities will be able to enter the workforce through this legislation. 

A State and Federal governmental unit is defined but not limited to a department, agency, program(s), initiative(s), etc, wherein members of the general public are employed.  For example, Wake County Government has several programs and departments, and one may include the Department of Health and Human Services.  Another example is similarly, North Carolina Administrative Offices of the Courts is a state agency within the scope of this targeted program.

This is a public sector initiative.  Hence, governmental bodies are targeted with compliance with these affirmative steps towards hiring the disabled; and, contractors with the public sector, entities that contract with the government on the state level, are to adopt this standard in their employment practices, while their contract is active.   To that end, the adopted targeted goals of employment according to the size of any given governmental unit are herein specified.

No of Employees Per Government Unit
Employee with Disability; and Disabled Employee with a Mobility Impairment
1 to 25
1 Disabled Employee
25 to 50
1 Disabled Employee plus One Mobility Impaired Disabled Employee
51 to 75
2 Disabled Employees plus at least one of which has a Mobility Impairment
76 to 100
3 Disabled Employees plus at least one of which has a Mobility Impairment
100 to 150
4 Disabled Employees plus at least one of which has a Mobility Impairment
151 to 200
5 Disabled Employees plus at least one of which has a Mobility Impairment
201 to 300
6 Disabled Employees plus at least one of which has a Mobility Impairment
301 to 400
7 Disabled Employees plus at least one of which has a Mobility Impairment
401 to 500
7 Disabled Employees plus at least two of which has a Mobility Impairment; of the minimum 9 disabled employees, at least one shall be a disabled veteran.
501 to 1000
At Least 2% of total employees must be Disabled Employees and at least three of which must have a Mobility Impairment; and at least two must be a disabled veteran, one with a mobility impairment and one may be without.
1001 and over
20 + (At Least 1 per 100 over 1000) Disabled Employees and at least four of which has a Mobility Impairment; and at least three must be disabled veterans with or without a mobility impairment.


Non-Competitive Option

Some employers may claim that not enough prospective disabled/disabled-veterans apply for positions, especially positions requiring a high degree of specialization and/or technical knowledge and/or skills.  The inherent belief is that our armed forces are producing cross trained professionals to fill all positions, and, our colleges and business sectors qualified employees.  However, to address employer concerns, a non-competitive option is available. 

The Model is the same that as used in the Federal System.  The prospective employee must get necessary documentation from a licensed practicing physician or appropriate governmental agency certifying that person is disabled and/or a disabled veteran (a letter with all identifying information will suffice).  For example, a person collecting social security disability may provide proof of his or her disability in the form of an award letter.  The same is true for a person collecting veteran administration disability benefits. 

The employer must choose to participate in the non-competitive option or standard hiring practices model.  If they choose the non-competitive option, any open employment position(s) with the employer must be designated as a non-competitive option position(s), and, the duration of all prospective employment position(s) must be five years [meaning this is only a five year option], since the election of this option, as evidenced in initial and continuous employment postings and hiring; and, should a prospective disabled/disabled-veteran apply, the position(s) must be filled by that prospective employee(s) (considering knowledge, skill, experience, and reasonable accommodations),



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