HirePotential's Blog

Sheridan Walker to Speak at the 2011 ILG National Conference

2011-07-22T11:17:00.000-07:00

Sheridan Walker, HirePotential, Inc. President, will be speaking at the 2011 NILG Conference.
Here are the details:
Conference Name: ILG 2011 National Conference: Embracing the Rhythms of Hamony and Equality
Dates: July 25-29, 2011
Location: New Orleans

Title: Getting Direction & Taking Action- The GPS to Employing People and Veterans with Disabilities

Description:
It is abundantly clear that OFCCP is focused on the employment of people with disabilities and Veterans. This session will provide government contractors a complete road map with an emphasis on recruiting, hiring and retaining people and veterans with disabilities. We will discuss best practices and implementation. We will describe the difference between accessibility and accommodations in the recruiting process.

We will provide the participants a step by step guide, based on a proven model, that can be implemented in their current environment. We will have an open discussion surrounding common myths and fears about hiring and employing people with disabilities.

The participants will be provided with recommendations on how to address accessibility vs. accommodation and how to establish outreach resources and relationships. The goal for this presentation is to provide practical tools to implement ideas and suggestions derived from the presentation. We will assist participants in becoming OFCCP compliant. The desired outcome is to open doors and decrease barriers to employment for people and veterans with disabilities. The session will highlight the most common assistive technologies and offer practical information that can be implemented immediately.

We will share the critical steps to creating and sustaining a disability friendly employment experience.

Learning Objectives
1. Information on regarding the on-line application system
2. Accommodations for candidates with disabilities, practical methodology and quick implementation plan for successful outreach
3. Solution ideas to meet the disability directives and stay compliant.

Department of Justice announced NEW Accessibility Regulations.

2011-03-16T10:33:00.000-07:00

On March 15, 2011, the Department of Justice announced the new regulations on the revised rules on accessibility. The first time in 20 years.

These final rules will take effect March 15, 2011. Compliance with the 2010 Standards for Accessible Design is permitted as of September 15, 2010, but not required until March 15, 2012. The Department has prepared fact sheets identifying the major changes in the rules.

The time has come for companies and their third party vendors to recognize website accessibility.

I have cut and pasted the portion of the ruling as it relates to website accessibility and online recruiting. For the final full verison go to www.ada.gov

"Web site accessibility. Many commenters expressed disappointment that the NPRM did not require title II entities to make their Web sites, through which they offer programs and services, accessible to individuals with [[Page 56236]] disabilities, including those who are blind or have low vision. Commenters argued that the cost of making Web sites accessible, through Web site design, is minimal, yet critical to enabling individuals with disabilities to benefit from the entity's programs and services. Internet Web sites, when accessible, provide individuals with disabilities great independence, and have become an essential tool for many Americans. Commenters recommended that the Department require covered entities, at a minimum, to meet the section 508 Standard for Electronic and Information Technology for Internet accessibility. Under section 508 of the Rehabilitation Act of 1973, Federal agencies are required to make their Web sites accessible. 29 U.S.C. 794(d); 36 CFR 1194. The Department agrees that the ability to access, on an equal basis, the programs and activities offered by public entities through Internet-based Web sites is of great importance to individuals with disabilities, particularly those who are blind or who have low vision. When the ADA was enacted in 1990, the Internet was unknown to most Americans. Today, the Internet plays a critical role in daily life for personal, civic, commercial, and business purposes. In a period of shrinking resources, public entities increasingly rely on the web as an efficient and comprehensive way to deliver services and to inform and communicate with their citizens and the general public. In light of the growing importance Web sites play in providing access to public services and to disseminating the information citizens need to participate fully in civic life, accessing the Web sites of public entities can play a significant role in fulfilling the goals of the ADA.

Although the language of the ADA does not explicitly mention the Internet, the Department has taken the position that title II covers Internet Web site access. Public entities that choose to provide services through web-based applications (e.g., renewing library books or driver's licenses) or that communicate with their constituents or provide information through the Internet must ensure that individuals with disabilities have equal access to such services or information, unless doing so would result in an undue financial and administrative burden or a fundamental alteration in the nature of the programs, services, or activities being offered. The Department has issued guidance on the ADA as applied to the Web sites of public entities in a 2003 publication entitled, Accessibility of State and Local Government Web sites to People with Disabilities, (June 2003) available at http://www.ada.gov/websites2.htm. As the Department stated in that publication, an agency with an inaccessible Web site may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. However, such an alternative must provide an equal degree of access in terms of hours of operation and the range of options and programs available. For example, if job announcements and application forms are posted on an inaccessible Web site that is available 24 hours a day, seven days a week to individuals without disabilities, then the alternative accessible method must also be available 24 hours a day, 7 days a week."

New Study - Companies don't include Disability

2010-10-05T14:57:00.000-07:00

The Kessler Foundation, National Organization on Disability and Harris Interactive have released the results of the follow-up survey of the 2010 Survey of Employment of Americans with Disabilities. Results from this latest survey show that although 70 percent of corporations polled have diversity policies or programs in place, only two-thirds of those with programs include disability as a component. Only 18 percent of companies offer an education program aimed at integrating people with disabilities into the workplace.

For more information visit this link: http://www.disability.gov/employment/research_%26_statistics

Secretary Solis gets Praised

2010-09-07T09:47:00.000-07:00

The American Association of People with Disabilities praised Secretary Solis last week for her efforts to enhance the employment of people with disabilities.
There is continued movement of employment of people with disabiltities. It is very exciting. If you would like to read more go to: http://www.dol.gov/odep/index.htm

HirePotential and GettingHired Partnership

2010-09-02T08:53:00.000-07:00

HirePotential, Inc and GettingHired sign a partnership.
GettingHired.com, Nation's Largest Disability Employment Portal ...By GettingHired LLCExclusive partnership with HirePotential, Inc. provides specialized training courses for national employers on The Accommodation Process, Disability Etiquette.eReleases Press Release Headlines - http://www.ereleases.com/pr/

Why OFCCP is looking at OUTREACH for people with disabilities?

2010-08-31T14:59:00.000-07:00

On August 25, 2010 the Dept of Labor released new stats on the unemployment. The unemployment rate of persons with a disability was 14.5 percent, higher than the rate for those with no disability, which was 9.0 percent.

It is amazing to me the our largest minority group is people with disabilities and yet the least talked about at diversity conferences. People with disabilities are you, me, our family, friends and coworkers. Anyone can acquire an injury/disability at any time. I am surprised we are not doing a better job at understanding people with disabilities and actively recruiting this group of talent.

With the unemployment rate as high as it is for people with disabilities I can see why OFCCP is taking a closer look at the recruitment and outreach for people with disabilities.

For more information on the DOL Statistic go to: http://www.bls.gov/news.release/disabl.nr0.htm

Podcast on Accessibility, Disability, and the OFCCP

2010-08-18T14:42:00.000-07:00

Listen Here:

OR at Podbean

Staffing Firm to Pay $35,000 in EEOC Disability Settlement

2010-08-18T12:47:00.000-07:00

8/18/2010

The U.S Equal Employment Opportunity Commission reported that Axiom Staffing Group of Virginia Inc. will pay $35,000 to settle a disability discrimination lawsuit.

As part of the resolution, ASGV agreed to increase training of its hiring personnel specific to the Americans with Disabilities Act.

With the amendment to the ADA effective Jan 2009, and new directives issued recently, we will see more of these lawsuits if companies do not have a proactive process. Disability discrimination charges reached a record level of 21,451 during 2009 - an increase of 10 percent from the prior year. Be proactive now, rather than reactive - when it's too late! HirePotential can help, by providing compliance, accessibility, and staffing solutions.

Justice Dept to Require Web Accessibility

2010-08-01T00:30:00.000-07:00

The Justice Department issued an ANPRM on Friday that starts the process of adding web accessibility requirements to Title II and Title III of the ADA. When this happens, it will mean that just about every business, as well as all state and local governments in the United States, will soon be required to meet web accessibility standards, just as they are now required to have a ramp to their front door. This is a clear signal: businesses could be subject to new DOJ lawsuits, monetary damages, etc. Check it out here!

Current ADA Activities

2010-07-26T17:48:00.000-07:00

DOL ADA Celebration
Join Secretary Hilda L. Solis and Assistant Secretary Kathleen Martinez at the Department of Labor's Celebration of the 20th Anniversary of the the Signing of the Americans with Disabilities Act. The event is scheduled for July 30, 2010 from 2:00 PM until 3:00 PM in the Great Hall of the Department's Frances Perkins Building in Washington, D.C. Click above for more information and a link to the live webcast.

Public Input for OFCCP
US Labor Department seeks public input to strengthen disability regulations. The deadline for receiving comments is September 21, 2010. For more information, click the link above, and see Frequently asked questions on the rulemaking process.

Yahoo Celebrates Americans with Disablities Act
Click above link for more information, and a link to Yahoo's Accessibility Blog.

President Obama Speaks at the 20th Anniversary of the Americans with Disabilities Act Event

2010-07-26T11:45:00.000-07:00

The July 26th ADA celebration took place on the South Lawn of the White House. The President gathered with people with disabilities, advocates, lawmakers and federal officials to mark the 20th anniversary of the the signing of the Americans with Disabilities Act. After his remarks, President Obama signed an Executive Order to establish the Federal Government as a model employer of individuals with disabilities. The order directs several federal agencies to design model recruitment and hiring strategies for agencies seeking to increase their employment of people with disabilities, as well as mandatory training programs for both human resources personnel and hiring managers.

Remarks by the President

Watch the Video

ATS Reporting Vs. Accessibility...It has nothing to do with Reporting

2009-06-24T17:52:00.000-07:00

Do you know about the new directive on accessibility?

Based on recent research that I have conducted regarding the new directive, it seems that ATS companies and many HR professionals believe that the new directive is all about the reporting issue NOT an Accessibility issue. I am here to tell you that it has nothing to do with reporting.

The directive that I am referring came out on July 10, 2008, and it reads:

SUBJECT: Federal Contractor's Online Application Selection Systems.

PURPOSE: To provide guidance in evaluating federal contractors' obligations under Section 503 of the Rehabilitation Act of 1973, as amended (Section 503), the Vietnam Era Veterans' Readjustment Act of 1974, as amended, 38 U.S.C. 4212 (VEVRAA), and Title I of Americans with Disabilities Act of 1990, as amended (ADA), with respect to online application systems.

BACKGROUND: In response to changing technologies, many contractors have moved towards using an online application system as their primary, if not exclusive, method for accepting applications for employment. While some of these systems may be accessible to individuals with disabilities, others may be completely inaccessible or only partially accessible due to technological limitations. Irrespective of the level of accessibility of the online application system, federal contractors and subcontractors must ensure that qualified individuals with disabilities and disabled veterans have an equal opportunity for employment. Section 503 and its implementing regulations at 41 CFR Part 60-741, and VEVRAA and its implementing regulations at Parts 60-250 and 60-300, require that contractors provide equal opportunity to qualified individuals with disabilities and disabled veterans. In addition, under 60-741.5, 60-250.5, and 60-300.5, the contractor agrees to take affirmative action to employ and advance these individuals, including, but not limited to, "recruitment, advertising, and job application procedures." These job application procedures include online application systems.

POLICY: Effective immediately, all compliance evaluations shall include a review of the contractor's online application systems to ensure that the contractor is providing equal opportunity to qualified individuals with disabilities and disabled veterans. The review should include whether the contractor is providing reasonable accommodation, when requested, unless such accommodation would cause an undue hardship. In this directive, the term "online system" shall include, but not be limited to, all electronic or web-based systems that the contractor uses in all of its personnel activities.

I would like to focus your attention on the areas above that are italicized and highlighted in blue. Note that the directive is stating ACCOMMODATIONS or ACCESSIBILITY - which means that people with disabilities or limitations should be able to access your site at all times and apply online like all other candidates without disabilities or limitations. The main focus is the employment of people with disabilites and disabled veterans. It does not ask if you or your company report the numbers of people with disabilities that visit your site. Note that even if people with disabilities tried to visit your site, you would have NO WAY of TRACKING their visit, since they could NOT access it if your site is NOT accessible!

You might be asking: "Is there a band-aid approach until we can figure out what to do?"

My answer is YES! Following are a few things that you can do in the short-term:

1. The first: is to include a clause on your home page about accessibility and accommodation that instruct people what to do. Make sure this tab is coded to the accessibility standard guidelines. If this tab is not coded with accessibility in mind, you have NOT corrected the accessibility issue and you still don’t have any solution, “Band- Aid” or not.

2. Second: get an assessment of your site to see if you meet the accessibility standards.

So, those of you who are out there looking at your Applicant Tracking System and asking them what to do. You most likely will find that the ATS companies do not know what to do as it relates to accessibility and will continue to refer to reporting.

Furthermore, I have found, based on my research, that most of the consultants (if not all) that you are working with to support you in areas, such as AAP (Affirmative Action Planning / Reporting), Compliance, Recruiting, DO NOT seem to have the expertise and knowledge on how to assist you with finding solutions around disability issues. I would highly recommend that you get an expert to assist you on disability, as it relates to recruiting, hiring and retaining people with disabilities.

Again, many of the ATS companies will refer to this new directive as a reporting issue and I cannot stress enough that it is NOT a reporting issue but an accessibility issue. It is about people with disabilities having the same opportunity, as all other applicants, to apply to jobs both online and manually.

I hope this blog has made you more aware of the right questions to ask and what and where to go for assistance.

As always, I am happy to provide additional information or help in answering your questions related to this topic.

Maximizing Your Hiring Tax Credits

2009-05-04T12:00:00.000-07:00

When you hear Tax Credits you are probably thinking “stimulus package,” which leads to thinking about the amount of work and research it takes to find out if you qualify. Well, I'm here to tell you that the tax credits for your business have been in place for several years and it's easy to qualify. If you hire people AND/OR own you building in a particular zone, you qualify.

Surprisingly, most of these credits go unclaimed due to the fact that either the employers think it will take a lot of their time and effort, or they just do not know about it. Hiring Tax Credits were set up by the Federal Government to incent employers to hire from a diverse market and low income area.

Over $4.2 billion in tax credits go unclaimed each year and only 1% of all companies capitalize on these tax credits. That is a lot of low hanging fruit that’s not being claimed, and it’s time to grab it. In this economy, businesses need to think smarter, and in doing so, they need to look at all incentives out there. Hiring Tax Credits is one of them, and it is easy to claim your part of the pie.

This is for you, if you…
0 Hire people
0 Have or will have tax liability
0 Own your building in a Empowerment Zone
0 Own your building in a Renewal Zone
0 Hire from a diverse population
0 Have high turnover
0 Hired a victim from Katrina

On average, 10-15% of your current hiring practice may qualify for tax credits. Many businesses outsource their Hiring Tax Credit process to companies like HirePotential, so it saves them time while making them money. When companies outsource their tax credit process, they can see a 75% ROI by only adding 2-3 minutes to their hiring process.

HirePotential offers a free tax analysis if you would like to see how much money you could claim by maximizing your hiring tax credits.

12 Tips to Handling the New ADAAA & Its Liabilities

2009-04-06T18:35:00.000-07:00

Reasonable Accommodation is defined as changes or adjustments in a work site or job that make it possible for an otherwise qualified employee with a disability to perform the duties or tasks required.

Before the Americans with Disabilities Amendment Act (ADAAA), liability had been in favor of the employer. Since the ADAAA took effect, companies need to have a focus on accommodation vs the definition of disability.

It's going to be important for companies to have a process in place. In a recent survey, 50% of respondents said that they did not have a documented process in place for Accommodation. The ADAAA now looks not only to employees, but candidates as well.

Here are 12 Tips to Handling Liability and the New Changes of the ADAAA

Companies will need to show they have processes to make individual assessments of employees’ qualifications with or without accommodations

You should provide training to HR, managers, and supervisors to remind managers of their duty to accommodate not only employees with disabilities, but also applicants with disabilities

Make sure you have an Accommodations Process in place

Re-evaluate policies to make sure that they are with in ADAAA compliance, especially in the application and interactive processes

Make sure that job descriptions accurately describe what employers believe are the essential functions of the position

Employers will be put to the test to evaluate employees one by one

Develop internal protocols on how to approach situations

Develop tools, forms, letters and processes to handle accommodation requests

Companies may want to outsource to a third party, like HirePotential, to assess and implement the process

Procure certain types of assistive technology

Develop protocols, procedures and accessibility guidelines for the IT department

BE PROACTIVE, not REACTIVE

If these things are not implemented within an organization, the liability is much greater now than ever before.

The New ADAAA and Providing Accommodations

2009-04-05T17:00:00.000-07:00

The ADA Amendment Act was signed by President Bush on Sept 25, 2008, which basically expanded the definition and clarity of disability.

Why you ask??? Well, the ADA was always intended to increase the employment of people with disabilities. Unfortunately, that did not happen. What did happened is it became, “What is the definition of disability,” instead of providing equal opportunity and accommodations for people with disabilities who may need an accommodation. Due to the potential liability, it made employers hesitate and not feel comfortable in hiring people with disabilities. AND now with our aging workforce, accommodations are going to be requested more and more. In the next few years, 1 out of 3 employees will need an accommodation.

Best-Practices for Solving Your Compliance Problems

2009-03-21T20:00:00.000-07:00

There are 3 ways employers generally solve the compliance problems.

Band-Aid Approaches
1. Employers have a dedicated person to take calls and assist on the application process.

2. Employers have people fax their resumes.

Best Practice Approach
3. Employers go to their ATS companies to discuss accessibility, what they know, and how they are going to get the software accessible.

The first two ideas are what I would call band-aid approaches. Because the directive states “accommodation,” the company can have some wiggle room by having someone dedicated to assist in the application process. AND, yes companies can do technically do this; however, I don’t think this will be a viable solution for the long term. If you are handling those resumes differently than you do with the resumes that come through the online process, then you will be out of compliance again. This is because of the EEOC and systemic discrimination from the OFCCP directive in 2006. Essentially, if you are handling the resumes any different than you do with the online resumes, including putting them in a basket or file, then you could be out of compliance.

The best practice approach, and the best way, to be compliant is the third way: Making the Applicant Tracking System accessible for all people to access your jobs online. Having your ATS accessible will make your online process acceptable. If you need help with accessibility, there are companies that can assist you, such as HirePotential. Companies like HirePotential can assess your website to see what needs to be done to have your jobs be fully accessible to all people, help you meet OFCCP compliance, AND open up your virtual doors to a larger talent pool of qualified individuals.

Web Base Accessibility Solutions

Applicant Tracking System's OFCCP Compliance is Misleading

2009-03-17T20:33:00.000-07:00

On July 10, 2008 the OFCCP set a directive to federal contractors, effective immediately, that stated:

“All compliance evaluations shall include a review of the contractor's online application systems to ensure that the contractor is providing equal opportunity to qualified individuals with disabilities and disabled veterans. The review should include whether the contractor is providing reasonable accommodation, when requested, unless such accommodation would cause an undue hardship. In this directive, the term "online system" shall include, but not be limited to, all electronic or web-based systems that the contractor uses in all of its personnel activities.”

The obligation falls under Section 503 and the Title 1 of ADA.

“Implementing these regulations require that contractors provide equal opportunity to qualified individuals with disabilities and disabled veterans. In addition, the contractor agrees to take affirmative action to employ and advance these individuals, including, but not limited to, "recruitment, advertising, and job application procedures."

These job application procedures include Online Application Systems.

“In response to changing technologies, many contractors have moved towards using an online application system as their primary, if not exclusive, method for accepting applications for employment. While some of these systems may be accessible to individuals with disabilities, others may be completely inaccessible or only partially accessible due to technological limitations. “Irrespective of the level of accessibility of the online application system, federal contractors and subcontractors must ensure that qualified individuals with disabilities and disabled veterans have an equal opportunity for employment.”

Over the past few months there has been much discussion about this new directive.

The Applicant Tracking System (ATS) companies have not included accessibility in their development of their software. The problem lies in ATS companies’ misunderstanding of OFCCP compliance. When the question is asked to ATS companies if their software is OFCCP compliant, they state, “Yes, we have OFCCP reporting capabilities”. When asked if they are accessible, the common answer is “Yes, we can provide reporting”, or they state that they have no idea what accessibility means.

Because OFCCP is questioned, the ATS companies immediately assume it is about reporting. It is very misleading to the companies who work with government contracts and must have Accessibility Compliance. Quite often, we find that both the contractor and the ATS companies do not know enough about what accessibility is to ask the right questions to make sure they are on the same page. This causes ATS companies to mislead their clients, because reporting and accessibility are two completely different directives. It is important that companies make sure that the Applicant Tracking System they use is Accessible and OFCCP compliant. There are companies, like HirePotential, that exist to help you and your ATS Company become Accessible and OFFCP Compliant.