California’s protection & advocacy system
For legal assistance call 800-776-5746. For all other purposes call 916-504-5800 in Northern CA
or 213-213-8000 in Southern CA. TTY 800-719-5798.
Adopted 4/22/1995, Amended 12/10/2011, Amended 3/7/2015, Amended 12/15/2016
Historically, society has isolated and segregated people with disabilities. It treats them differently than other people. Despite some improvements, discrimination continues to be a serious and pervasive problem. A critical area in which discrimination occurs is employment. Working age people with disabilities are among the most unemployed and underemployed members of society. They encounter various forms of discrimination, including lack of access to integrated competitive employment , and work disincentives in public benefits, such as reducing or eliminating Medi-Cal health coverage when a person works.
Title I and II of the Americans with Disabilities Act (ADA) prohibit employment discrimination. Title I applies to private employers, while Title II applies to all “services, programs, and activities” of a public entity. It is through the ADA’s provisions that segregation of people with disabilities in virtually all aspects of American life—including employment – will end. The United States Supreme Court in the Olmstead decision held that the “unjustified isolation” of people with disabilities by states constituted discrimination under Title II.
The federal Home and Community-Based Services waiver regulations and the Workforce Innovation Opportunity Act affirm the right to the least restrictive environment, integration of people with disabilities in all aspects of life, and full access to community options.
Employees with disabilities often:
Disability Rights California (DRC) is committed to eliminating discrimination in employment, expanding opportunities for integrated competitive employment, strengthening employment protections, and preventing the repeal or weakening of anti-discrimination laws. DRC supports legislation and policies consistent with the principles below.
To be considered integrated competitive work, an employee must earn at least minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by workers without disabilities. An integrated setting for purposes of a job placement is one in which a worker interacts with people without disabilities, excluding service providers, to the same extent that other workers , in a comparable position typically found in the community, interact with others. “Return to Main Document”
Examples can include such things as hiring, promotion, discipline, discharge, termination of employment, right to return from layoff, and rehiring; rates of pay or compensation and changes in compensation; job assignments, job classifications, position descriptions, leaves of absence, sick leave or any other leave; and fringe benefits available through employment. “Return to Main Document”
A concept that states that employment in integrated settings within the community should be the priority service option for individuals with disabilities. http://www.apse.org/employmentfirst/resources.cfm. “Return to Main Document”
Braided funding involves multiple funding streams used to pay for all of the services needed, with careful accounting of how every dollar from each stream is spent. http://sparkpolicy.com/braiding-your-funds-tips-and-tools/ “Return to Main Document”
Blended funding is used to describe mechanisms that pool dollars from multiple sources and make them in some ways indistinguishable. Blending may require the changing or relaxing of regulations guiding relevant state and federal funding streams at the federal, state, or local level to permit program flexibility, and change the way services are structured and delivered. For example, blended monies can be used to fund activities such as collaboration, coordination, program planning, and staff development functions that frequently cannot be adequately funded from just one source. http://www.ncwd-youth.info/information-brief-18 “Return to Main Document”
LEGISLATION & PUBLIC INFORMATION UNIT
1831 K Street Sacramento, CA 95811
916-504-5800 Fax 916-504-5802