Metro New York and Southern Connecticut Higher Education Recruitment Consortium

1. Metro New York and Southern Connecticut Higher Education Recruitment Consortium The New Frontier: Inclusion of Those Traditionally Left Out

2. Outline Workplace Diversity Statistics March 24, 2014, VEVRAA/Disability OFCCP Incorporating Universal Design • Recruiting • Hiring • Training • Retention Incorporating Specific Accommodations Success Stories Resources

3. Objectives Understand the Diversity Workforce Population Identify Major VEVRA/OFCCP Changes Understand the Unique Challenges Students/Applicants/Employees who are Veterans or those with Disabilities May Experience Recognize How Universal Design and Effective AccommodationsLevel the Playing Field for those with Disabilities Apply Accessibility to Human Resource Practices Learn Accommodations Available to Assist Veterans and those with Disabilities

4. Veteran Statistics Since 2001, approximately 2,600,000 U.S. troops have been deployed to Iraq and Afghanistan (respectively, OIF, OEF) • Over 6,200 American killed • More than 46,000 wounded in combat. (Pew) 34% -38% have been deployed 2-4 times (9-16 months). Veterans’ ages range from 18 to 65, average age 24.5. 50% - 60% are married and 50% have children Pew; War Clinician Guide 2008; Thomas Church 2009 National Council on Disability, 2009

5. Assets: Educated Individuals Harder to get into the military than into most community colleges Best trained military in the world: • In 2009, 92.5% at least high school graduates. • 17.9% are college graduates or advanced degree. • Masters and Ph.D. degrees required for advancement. • 8 in 10-in-ten officers are college graduates (30 percent of the civilian same aged population (Pew)) 75% of recent veterans say educational benefits was an important reason they joined Only 25% join for job opportunity. (Pew)

6. Increased Number Seeking Education Poor Economy with Limited Labor Jobs Injuries may Preclude Employment New GI Billwww.gibill.va.goveffective 8-1-09 includes: • Tuition • Monthly housing allotment • Book and fee stipend up to $1000 • Relocation and license and certification fee reimbursement • Funds for Tutors

7. Assets: Trained Individuals Trained to be leaders and Decisivein the midst of chaos Preparedness oriented Goal oriented to achieve a mission Trained in critical and independent thinking • (12 of 44 Presidents served in the military) Technologically savvy • Use the most sophisticated and expensive technology in the world • Communicate more through technology than their peers

8. Assets: A Diversity of Perspective Veterans have experienced other cultures and forms of governance. They present an opportunity for economic and ethnic diversity, without raising any constitutional issues Race and national origin • Currently 12% of all minorities serve as officers—double the proportion in 1990— • officers make up about 16% of the active-duty force. (Pew) Female leaders (15%-20% of veterans)- • 15.5% of officers are Women. • 18.1% of all Guard and Reserve officers. (Pew)

9. 2008 AHEAD Study • MALE • Burned .83 • Deaf-Blind .33 • Hard of Hearing 4.99 • Health 15.72 • LD 8.57 • Mobility 15 • Psych/Emotional 34.36 • Sexual Assault .50 • Speech-Language .42 • Visual Impairment 0 • FEMALE • Burned .0 • Deaf-Blind .17 • Hard of Hearing .67 • Health 3.99 • LD 6.99 • Mobility 1.25 • Psych/Emotional 10.65 • Sexual Assault 2.41 • Speech-Language 0 • Visual Impairment 0

10. Veteran Statistics 85% Survival Rate in the Global War on Terror • 40% are expected to be Classified as Individuals with Disabilities (Rand Corporation Study (2008)). • 16% to 49% some Kind of Mental Health Issue National Council on Disability (2009) • 10%-30% will have PTSD National Council on Disability (2009): • 11-19% will have TBI • Rand (2008): 320,000 or 19% vets with TBI • DOD (2009): 360,000 or 20% vets with TBI (Military.com , 2009; Church, 2009) • National Council on Disability (2009): 11%-20%

11. National Estimates Traumatic Brain Injury Annually, 1.7 million TBIs occur either as an isolated injury or along with other injuries. About 75% of TBIs that occur each year are concussions or forms of mild TBI. Centers for Disease Control, 2010 Strokes (ABI) Every year, 795,000 people in the US have a stroke. 610,000 are new, in 4 are recurrent strokes.  American Heart Association, cited at CDC, 2012

12. Veterans Come With Disability Rights Veterans and service members civil rights: • State disability anti-discrimination laws • Federal laws • Section 504 of the Rehabilitation Act of 1973 • Title II of the American’s with Disabilities Act as amended in 2008 • Enforced by EEOC and US ED OCR • VEVRA/USERRA

13. VEVRAA Effective on March 24, 2014 To Remedy the Elevated Veteran Unemployment Rate New Affirmative Action Program requirements in Subpart C. www.dol.gov/ofccp/VEVRAARule

14. 2014 VEVRAA Highlights Definition: “protected veteran” added to provide a comprehensive term to refer to any veteran that is protected under the VEVRAA regulations; Definition: “other protected veteran” has been replaced with "active duty or wartime campaign badge veteran" to describe that group of protected veterans.

15. VEVRAA Highlights (Cont.) Assess and document the effectiveness of their outreach and recruitment efforts annually (§ 60-300.44(f)(3)); Ensure that outreach and recruitment efforts are documented and retained (3) years (§ 60-300.44(f)(4));

16. 2014 VEVRAA Highlights (Cont.) Invite applicants to voluntarily self-identify as being a protected veteran at the pre-offer stage (in addition to current post-offer) and as belonging to one or more of the specific categories of protected veteran the contractor is required to report pursuant to 41 CFR 61-300 (§ 60-741.42); (Regulations include sample language.) Train employees engaged in key personnel activities (§60-300.44(j));

17. EEO Statement Required For Employment Service Delivery System (ESDS) may list jobs and accept applications electronically, of by facsimile or mail. Job listing must indicate “VEVRAA Federal Contractor” and its desire for priority referrals of protected veterans. Incorporating EO Clause into subcontracts Requires: Citing 41 CFR 60-300.5(a), AND including "This contractor and subcontractor shall abide by the requirements of 41 CFR 60-300.5(a). This regulation prohibits discrimination against qualified protected veterans, and requires affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans."

18. VEVRAA Highlights (Cont.) Establish, document and begin applying an annual hiring benchmark for each establishment (§ 60-300.45)). • equal to the national percentage of veterans in the civilian labor force, as posted in the Benchmark Database on the OFCCP Web site; or • 2. Establish its own benchmark by taking into account the following five factors:

19. VEVRAA Highlights (Cont.) 1. average percentage of veterans in the civilian labor force in the state (preceding 3 years (OFCCP Web site) 2. number of veterans previous 4 quarters in the EDS in the state as posted in the Benchmark Database on the (OFCCP ) 3. applicant and hiring ratios for the previous year; contractor’s recent assessments of effectiveness of outreach and recruitment efforts; and 4. any other factors, such as the nature of the job or its location, that would affect the availability of qualified protected veterans.

20. Existing Requirements Contractors must ensure full compliance with existing requirements under the old regulations, including: Reviewing personnel practices (§ 60-300.44(b)), Reviewing job qualifications (§ 60-300.44(c)), Making reasonable accommodations available (§ 60-300.44(d)), Developing harassment policies (§ 60-300.44(e)), engaging in outreach (§ 60-300.44(f)), and Having procedures for distributing information on EO and affirmative action efforts (§ 60-300.44(g)).

21. VEVRA Highlights (Cont.) A schedule for the review of all physical and mental job qualification standards and evidence that it adheres to that schedule per § 60-300.44(c); Information relating to the procedures developed and implemented ensuring that employees are not harassed because of their protected veteran status per § 60-300.44(e);

22. A Word About Qualification Standards When designing basic qualification screens, remember that VEVRAA prohibits contractors from using qualification standards and selection criteria that screen out or tend to screen out a Veteran or a class of disabled or other protected veterans unless the contractor can show that the standards or criteria are job-related for the position in question and consistent with business necessity.

23. VEVRA Highlights (Cont.) Documentation that the contractor has implemented and disseminated its commitment to affirmative action to employ and advance in employment qualified protected veterans per § 60-300.44(g); Evidence that the contractor has designed and implemented an audit and reporting system per § 60-300.44(h); Identification of the individual assigned responsibility for the implementation of the contractor’s AAP and evidence of compliance with § 60-300.44(i);

24. VEVRAA and Records Access The new regulations clarify that contractors must allow OFCCP to review documents related to a compliance check or focused review, either on-site or off-site, at OFCCP’s option. Require contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests. Data collection pursuant to § 60-300.44(k); Documentation that it established and applied an annual hiring benchmark per § 60-300.45.

25. Available Web Resources Read the new VEVRAA regulations As posted in the Electronic Code of Federal Regulations (eCFR) As published in the Federal Register Technical Assistance Print the Fact Sheet Get answers to Frequently Asked Questions (FAQs) Find Contractor Resources Look at this side by side chart of changes in the regulations Attend Training Webinars Hiring Benchmark Benchmark Database

26. OFCCP Disability Requirements Highlights of the New Regulations: Utilization goal:7% utilization goal to each job groups, or to their entire workforce if the contractor has 100 or fewer employees. Annual utilization analysis and assessment of problem areas. Establish specific action-oriented programs to address any identified problems.

27. OFCCP Disability Requirements (Cont.) Data collection: Document and update annually several quantitative comparisons for the number of IWDs who apply for jobs and the number of IWDs they hire. Measure the effectiveness of their outreach and recruitment efforts. Maintain for (3) years to spot trends. Include certain nondiscrimination provisions.

28. OFCCP Disability Requirements (Cont.) Invitation to Self-Identify: At both the pre-offer and post-offer phases of the application process. Use language prescribed by OFCCP. Incorporation of the EO Clause: The new regulations require that specific language be used when incorporating the equal opportunity clause into a subcontract by reference.

29. OFCCP Disability Requirements (Cont.) Records Access: Contractors must allow OFCCP to review documents related to a compliance check or focused review, either on-site or off-site, at OFCCP’s option. Contractors, upon request, to inform OFCCP of all formats in which it maintains its records and provide them to OFCCP in whichever of those formats OFCCP requests.

30. Available Web Resources Read the new Section 503 Regulations As posted in the Electronic Code of Federal Regulations (eCFR) As published in the Federal Register Technical Assistance Print the Fact Sheet Get answers to Frequently Asked Questions (FAQs) Find Contractor Resources Look at this Side by Side Chart of changes in the regulations Attend Training Webinars Self-Identification Self-Identification Form

31. Practical Compliance Steps (1) Review existing obligations and ensure compliance will continue under the new regulations effective March of 2014; (2) Educate HR personnel and other pertinent staff to the requirements in new regulations; and (3) Make any needed changes to IT and personnel systems and policies and record keeping.

32. Veteran Challenges Lack of Awareness of Institutional Policy and/or Procedure Policy or Procedure Not Suitable for Veteran Needs General Requirements May Not be Appropriate for Veterans Unfamiliarity with Benefits of Accommodations Frustrated with Bureaucracy or Red Tape Inability to Confirm Extent of Limitations Military Record Delays (slow or lost) Benefit Delays

33. Veteran Challenges Different Perspectives given Life Experience Difference between ADA and VA Disability Unfamiliar with Limitations Co-Morbid Conditions Requiring Creative Accommodation Traditional Accommodations (Braille or ASL) Won’t Work No “go to” Person or Veteran’s Organization Lack of Follow Up to Determine Effectiveness

34. Veteran Particular Challenges to Seeking Services Resistance to Self Identify a Disability • Ethical Code • Honor • Sacrifice • Integrity

35. Welcoming Through Universal Design Accessible strategies welcome and retain skilled Veterans and candidates with Disabilities.  Originated in architectural planning Makes information accessible to a greater number of the population without singling out those with disabilities May eliminate the need for some accommodations Enhances access for all without lowering academic standards or removing essential functions

36. UDL Fundamental Practices Create a Climate of Openness and Respect Include an Accommodation Statement Promote Information Access Promote Effective Communication Use Cooperative Learning Methods Explain Technology Clearly Define Expectations and Offer Feedback Assess Knowledge Through a Variety of Methods Consider the Physical Environment Provide Timeframes for Response

37. Seven Principals of Universal Design Equitable Use Flexibility In Use Simple and Intuitive Perceptible Information Tolerance of Error Low Physical Effort Size and Space for Approach and Use

38. Department Of Labor Toolkit Burton Blatt Institute (BBI) at Syracuse University

39. DOL Human Resource Toolkit For Universal Design Step 1 Design a Strategy for Your Veterans Hiring Program Step 2 Create a Welcoming and Educated Workplace for Veterans Step 3 Actively Recruit Veterans, Wounded Warriors and Military Spouses Step 4 Hire Qualified Veterans and Learn how to Accommodate Wounded Warriors Step 5 Promote an Inclusive Workplace to Retain Your Veteran Employees Step 6 Keep Helpful Tools and Resources at Your Fingertips

40. Communicating an Inclusive Culture Recruiting • Advertisement • Application Hiring • Qualification Standards • Interview • Orientation Training Retention • Accommodations

41. Confidentiality and Privacy Rights Applicants are not required to disclose that they have a disability during the application process. Employers are not permitted to ask if candidates have a disability or the nature or extent. (except to voluntarily self-identify for the employer's AAP). Documentation is only allowed after a conditional offer has been made limited to functional limitation, how it impacts the ability to perform essential job functions, and possible accommodations. Keep the collected information confidential and separate from the applicant/employee’s personnel file.

42. Recruiting Include individuals with disabilities as part of your company's diversity statement. Ensure website accessibility.   Offer written materials in alternative formats. Include an Equal Employment Opportunity statement in job advertisements and notices. Include images of persons with disabilities in marketing and outreach materials. Whenever possible include one of the 12 universal access symbols.

43. Marketing/Public Outreach Directly market your programs (give a presentation) to students with disabilities through the DSO and your Veteran Center on campus. Directly access credible resources for veterans seeking employment. Participate in work-based learning experiences, such as internships and cooperative education activities. Create detailed job descriptions and consider using military language in them. Consider alternatives to full-time employment

44. Recruiting Offer recruitment materials in alternative formats. Provide online access to the company reasonable accommodations policy including a plain text version. Designate and list one or more staff members to receive accommodation requests, for all applicants. Include a TDD (number, email address, and /or other means of contact (e.g. Skype address). Ensure internal, external and social media platforms used for recruiting purposes with your technology staff to ensure that all sites are accessible. 

45. Tips for Designing Accessible Web Pages 1) Design large graphics that mark hyperlinks so that people with tremors have more room to activate the links. 2) Keep screens organized and uncluttered for individuals who are easily distracted. 3) Provide brief descriptions of short sounds for individuals with hearing impairments 4) Caption Videos. 5) Provide visual descriptions of graphics or photos.

46. Tips for Designing Accessible Web Pages 6) Minimize reliance on color as a signal. 7) Ensure documents are accessible. 8) Remove refresh options so that screen readers do not repeatedly restart while scrolling through a Webpage. Visit: Tips for Designing Accessible Web Pages. From the desk of Beth Loy, Ph.D.at http://askjan.org/media/webpages.html.

47. Hiring: Physical Location of Recruitment and Interview Highlight the accessible features (path of travel into and within building, restrooms, drinking fountains, doorways, level surfaces, parking spaces, clear directional signage, and receptivity to service animals). Inquire with career fair organizers regarding site accessibility (as above). Specifically, ensure adequate accessible parking, room between tables or stalls for alternative modes of transportation.

48. Hiring: Pre-Employment Tests Inform applicants in advance if they will be required to take a test to demonstrate their ability to perform actual or simulated tasks.  Describe the test format so that they can request a reasonable accommodation if necessary. Be prepared to provide materials in alternate formats.

49. Hiring: Interview Provide the applicant with an estimate of interview duration (allows for alternate transportation arrangements). Ask the same set of questions of all interviewees, regardless of disability. Speak directly to the interviewee instead of to an interpreter, personal assistant, or other companion. Use a normal tone of voice unless requested to alter the volume or speed. Remain eye level with a person who uses a wheelchair. Do not touch or lean on the wheelchair. Indicate the availability of flexible working conditions, including telecommuting or flexible scheduling.

50. Training Tips for Accessibility Create a culturally sensitive new hire orientation. Select materials early. Minimize impact of communication, mobility, posture, and body size variability. Be aware of ambient noise and other auditory interference. Use amplification systems and captioning. If distracting conditions continue, change rooms. Provide time to complete work. Provide regular feedback. Develop and promote peer mentorships (Vet-Vet when possible).