Economic Justice

Welcome to the website for the Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (the committee). Please visit this page often, as it will be updated frequently with news about meeting, reports, and resources. The committee is a key part of the Workforce Innovation and Opportunity Act (WIOA), which was signed into law by President Obama on July 22, 2014 to help job seekers — including those with disabilities — access the services they need to succeed in employment and match employers with skilled workers. The committee is mandated by section 609 of the Rehabilitation Act of 1973, as amended by section 461 of WIOA.

As provided for by section 609 of the Rehabilitation Act of 1973, as amended by section 461 of Workforce Innovation Opportunity Act (WIOA), Congress has directed the Advisory Committee on Increasing Competitive Integrated Employment for Individuals with Disabilities (the Committee) to prepare and submit a Final Report to the Secretary of Labor and to Congress. The Final Report summarizes the findings, conclusions, and recommendations of the Committee on ways to increase competitive employment opportunities for individuals with intellectual or developmental disabilities or other individuals with significant disabilities as well as the use and oversight of the certificate program as carried out under section 14(c) of the Fair Labor Standards Act of 1938. As required by law, the Committee submitted the Final Report to the Secretary and Congress on September 15, 2016.

• Read the final report (PDF)

Every year, more than 2 million workers leave the labor force because a medical condition affects their ability to work. If they could keep their jobs instead, they could preserve their livelihood, contribute to the productivity and tax base of the economy, and help lower federal and state spending on public assistance programs like Social Security Disability Insurance and Medicaid.

Foster youth who have disabilities now can apply for a federal supplemental income program six months before they leave care, a move supporters say will ease their transition out of the system.

Foster youth can apply for Supplemental Security Income benefits 180 days before they age out of the system or return to their families, under a Social Security Administration policy change that took effect Aug. 1.

The six-month window means it’s less likely a foster youth will experience a gap in income as they wait to find out whether they qualify for the program. SSI provides a monthly cash payment to children and adults with limited incomes who are disabled, blind or age 65 or older.

For foster youth who are heading out on their own for the first time, the income is critical as they establish themselves in housing and employment, say advocates for the policy change. Without it, some young people cannot make the transition.

“It could cost you a home, it could cost you a job, it could mean you don’t have enough food to eat that month,” said Claire Grandison, staff attorney and Independence Foundation Fellow at Community Legal Services of Philadelphia.

In early August, the Center for Consumer Engagement in Health Innovation (the Center) submitted a comment letter to the Centers for Medicare and Medicaid Services (CMS) regarding Iowa’s request to extend its waiver of Non-Emergency Medical Transportation (NEMT) benefits from its state Medicaid demonstrations (Iowa Wellness Plan and Marketplace Choice Plan). The waiver excludes coverage for NEMT services, a benefit that is standard in non-waiver Medicaid programs.

NEMT provides access to and from medical appointments for consumers who do not have other means of transportation. Reimbursed services can include shared van programs, taxis or public transit. Many in need of NEMT are lower-income beneficiaries, often older adults or people with disabilities. A high proportion of these individuals live with multiple chronic conditions such as end-stage renal disease, cancer or chronic obstructive pulmonary disease. Monitoring and treatment for these conditions require frequent medical appointments and limited transportation options may prevent access to timely, life-sustaining care.

Transportation barriers can have a “domino effect” on health outcomes and cost of care. Missed or delayed appointments can worsen health conditions and end up necessitating expensive ambulance services and costly emergency department visits. This is why NEMT has proven to be highly cost-effective.

For individuals in need of behavioral health services, NEMT is particularly critical. One study found that the largest proportion of adult beneficiaries who use NEMT do so to access mental and behavioral health services. More than 40 percent of NEMT trips in New Jersey and 30 percent of trips in Nevada were used to access mental health or substance use treatment appointments.  

The Center is concerned that several states have sought to exclude NEMT for some of their Medicaid beneficiaries. These actions reveal the need for consumer advocates to ensure that other states do not follow suit. 

 Be careful out there, employers. Job interviews have rules.

For instance, earlier this month, Massachusetts passed groundbreaking legislation banning employers from asking job applicants about their salary history. For Bay Staters, the law is meant to help close the gender wage gap, forcing managers to make offers based purely on a candidate's value to a company.

So what else aren't employers allowed to ask prospective employees? Quite a few things, actually.

Here's a look at 11 red-flag inquiries:

1. "How old are you?"

Many jobs require applicants to be over 18, and an employer can ask exactly that; anything else is problematic. 

8. "Have you ever used drugs in the past?"
With this one, it pays to be mindful of phrasing. First, just asking about drugs is woefully unclear, as it lumps substances like heroin and cocaine in with prescription drugs. Second, it's illegal to ask about past drug use and addiction; however, employers are allowed to ask if you currently use illegal drugs.

9. "Do you like to drink socially?"
This one violates the Americans With Disabilities Act. If you're a recovering alcoholic, treatment is protected under the act and therefore any related information doesn't have to be disclosed. 

Through the DISABLE POVERTY campaign, National Disability Institute wants to bring awareness to the plight of seven million individuals with disabilities in this country who live in poverty, and the millions more who teeter just above the poverty line and are one unexpected expense away from plunging below it. In a presidential election year, with so much rhetoric around income inequality, the DISABLE POVERTY campaign is timely as no other population in America is subject to more economic disparity than people with disabilities.

• DECREASE the number of working-age adults with disabilities living in poverty by 50 percent, and
• INCREASE the use of banking products and services among Americans with disabilities by 50 percent.

"We are extremely thankful for the bipartisan leadership of GT Thompson and Frank Pallone as well as Fred Upton and Joseph Pitts for bringing this common-sense measure before their committee," said National Academy of Elder Law Attorneys (NAELA) President Catherine Seal, CELA, CAP.

"D-4-A" Special Needs Trusts ensure that individuals with disabilities can use what savings they have to provide for their supplemental needs while still qualifying for long-term services and supports from means-tested programs like Medicaid without living in utter destitution.

Special Needs Trusts were first recognized by Congress in 1993, but, a likely oversight in drafting meant that only a parent, grandparent, legal guardian of the individual, or a court could establish a special needs trust. This meant that those who do not have a parent, grandparent, or legal guardian must petition the court, causing unnecessary legal fees and delay.

"This demeans persons with disabilities as the law effectively presumes they lack the capacity to handle their financial affairs. It also causes a lot of unnecessary judicial red tape," said Seal.

Last year was a milestone anniversary of the Americans with Disabilities Act when it turned 25. Just like that, another year has passed and it’s time for re-examination of disability rights in America from the perspective of disabled people of color (POC).

Vilissa Thompson, LMSW, of Ramp Your Voice! and Alice Wong of the Disability Visibility Project™ are looking to survey disabled people of color for an upcoming article to be published on July 26, 2016, the 26th anniversary of the ADA.

The survey will ask disabled POC:

• their reflections on disability rights and the ADA,
• the unfinished work of the ADA (specifically for disabled people w/ multiple intersectional identities),
• why talking about racism and ableism matters in the disability community,
• and how disability organizations and leaders can respectfully and meaningfully collaborate with disabled POC.

How to Participate

People can respond to interview questions here in this Google form:

https://docs.google.com/forms/d/1EsNWEhJ-A7kBigytRerYL9_ZoH9lctjVurZlV3lcVYs/

One of the nation’s largest home improvement retailers will pay millions to settle claims that it fired thousands of workers with disabilities in violation of the Americans with Disabilities Act.

Lowe’s has agreed to pay $8.6 million to resolve allegations brought by the U.S. Equal Employment Opportunity Commission that the retailer “engaged in a pattern and practice of discrimination” against those with disabilities.

According to the EEOC lawsuit, Lowe’s terminated and did not provide reasonable accommodation to employees with disabilities if their medical leaves of absence exceeded the company’s maximum leave policy.