Maine's CHOICES CEO Project
Working Together News
A newsletter about Maine's efforts to increase work opportunities for people with disabilities
In Focus
Happy Year Three!
January 1 inaugurated the third year of Maine's CHOICES CEO (Comprehensive Employment Opportunity) project. While this is year three of the CEO program, it is our seventh year as a Medicaid Infrastructure Grant (MIG) recipient, with funding from the federal Centers for Medicare and Medicaid Services (CMS). Maine was among the first states to receive MIG funding, as well as one of the first states to develop a strategic plan under the CEO grant.
Year Three will see continued implementation of Working Together: Maine's Strategic Plan to Maximize Employment for Workers with Disabilities. 2007 highlights include:
- Expanded engagement with employers, including a new web site for employers.
- Video and print testimonials featuring employers discussing their experiences hiring workers with disabilities.
- A new survey about employer hiring practices and needs.
- Work with the state on the development of disability-related training materials targeted to supervisors and co-workers.
- Expanded support for the development of Maine's benefits counseling system.
New Rules for Disability Discrimination Cases
The Maine Human Rights Commission broadened its interpretation of the definition of disability in response to a landmark Maine Supreme Court ruling in April. Previously, Maine claimants seeking redress for discrimination had to prove a "substantial limitation" on a major life activity in addition to proving that discrimination had occurred.
These changes resulted from the case of Stanley Whitney, 69, of Gorham, who sued Wal-Mart for demoting him after his doctors ordered him not work more than 45 hours per week due to a heart condition. Under the "substantial limitation" requirement, Whitney could not prove he had a disability.
There are many questions about how these new rules will play out in future cases. Patricia Ryan, executive director of the Maine Human Right Commission, says the new rules offer clearer definitions that will help both businesses and people with disabilities. However, some employers have expressed concerns that the new rules will result in an increase in lawsuits.
Maine has now joined 10 other states in having a broader interpretation of disability than the federal law.
Congress Extends Tax Credit for Employers
There is good news for employers who have recently hired an employee with a disability or who are considering doing so in the upcoming year. Congress has extended the Work Opportunity Tax Credit (WOTC) for employers through 2007 and retroactively to the beginning of 2006. Employers can deduct up to $2,400 from their total tax liability under the program.
WOTC encourages employers to hire employees who are members of groups that face barriers to employment. When Congress granted an extension through 2007, it also combined the WOTC program with the Welfare to Work Tax Credit. The newly combined program has nine target groups. One of the groups is people who have a barrier to employment due to a disability, and who have referrals from a state vocational rehabilitation agency or the U.S. Department of Veterans Affairs.
It is uncertain if, or how, Congress will extend the program for 2008 and beyond. Historically, Congress allows the WOTC to be suspended before extending it retroactively. Advocates continue to work for a permanent status so the credit can be more consistently used as an employment incentive.
New on the Web
Maine Disability and Employment Dashboard
Visit the Maine Disability and Employment Dashboard web site.
Upcoming Teletraining Opportunities
- Universal Design Strategies topical call (Wednesday, January 24, 2007, 3:00 p.m. EST), sponsored by National Consortium for Health Systems Development (NCHSD), our national affiliate. Universal design aims to make products, places and processes usable by the greatest number of people, reducing the need for specialized adaptations. To join this call at our Portland offices, contact Leslie Pohl; voice (207) 228-8031; tty (207) 780-5646.
- APSE Network On Employment - Supported Employment Training Institute announces its Winter, 2007 Supported Employment Teletraining Series.
Legislative Report
Commission on Disability and Employment Gears up for New Legislative Session
The new legislative session is getting underway. One of the first orders of business is accepting reports and studies requested in the previous legislature. The Commission on Disability and Employment is preparing to submit several legislative reports this month. One of these, the Commission's annual report, will communicate the many achievements made last year in promoting the employment of people with disabilities.
Two other reports will discuss opportunities for improvements in employment of people with disabilities and the steps and resources needed to make these changes. These reports are being written in response to Public Law 570, "An Act To Create Employment Opportunities for People with Disabilities," which was passed in April 2006.
- One report discusses employment opportunities for people with developmental disabilities. It is being jointly written by the Commission, the Department of Labor and the Department of Health and Human Services.
- A second report identifies the resources needed for a media campaign to increase awareness and promote positive action on employment-related issues affecting people with disabilities. This report is being written jointly with the Department of Labor and the Department of Economic and Community Development.
The Commission will also be engaged in several new policy issues. These include two proposed bills that follow up on Public Law 570. One bill addresses the recommendations from the above-mentioned reports. A second bill focuses on the practices of the state government in hiring people with disabilities, and overall workforce planning that includes workers with disabilities. The Commission is also involved with a transportation bond proposal that may fund more accessible public transportation vehicles.
For further information, contact Mel Clarrage at the Disability Rights Center by telephone, (800) 452-1982, or e-mail:mclarrage@drcme.org.
Ideas for Stories
Please help us… we are seeking stories! Do you know of a worker or employer that we can feature in our newsletter? Please contact Leslie Pohl.
Spotlight on Employers
Graffam Solutions
This column highlights Maine employers and their experiences employing people with disabilities. Graffam Solutions plays a unique support role by helping companies successfully employ workers with disabilities.
Graffam Solutions provides human resource services and legal counsel to companies that employ between 20 and 150 people. Marine industry companies have benefited from these services as have employers in the manufacturing and service sectors.
Often, a first step for Graffam Solutions is to help a company create an employee handbook. This is frequently followed by training sessions for management and staff. Training may focus on tolerance in the workplace, sensitivity, and how to work with the many different types of people that make up today's workforce.
Graffam Solutions guides companies on implementing their policies and procedures to ensure they do not discriminate against a protected class; assists with developing a diverse workforce; helps with the interviewing process, concentrating on what questions can or cannot be asked in an interview; and assists with accommodation requirements and accommodation resources.
Companies have also turned to Graffam Solutions for help sorting out the interplay between the Americans with Disabilities Act and the Maine Human Rights Act, as well as the Federal Family Medical Leave Act and the State of Maine Family Medical Leave Law.
To learn more about Graffam Solutions visit www.graffamsolutions.com or call (207) 828-4882.
Updates
Maine Gets New Benefits Counselors
For five years, Maine has provided benefits counseling services for people with disabilities who receive Social Security benefits and who are interested in working. Counselors help people with disabilities determine how their existing benefits will be affected by employment.
The Maine Medical Center's Department of Vocational Services has received Social Security Administration (SSA) funds to provide benefits counseling since 2001. However, this past September, previous SSA funding was replaced with a new program called Work Incentive Planning and Assistance (WIPA). Under the new program there will be differences in service provision, how and where outreach efforts are conducted, and at what point in the beneficiary's return to work process counseling and assistance will occur.
Maine Medical Center applied for and received this new funding. Since many former providers in other states were not successful in applying for the new WIPA funding, congratulations are in order to Maine Medical Center. Counselors hired under the new program are called Community Work Incentive Coordinators (CWICs).
In addition to the new WIPA grant, Maine Medical Center is also receiving additional funds from the Bureau of Rehabilitation Services, the CHOICES CEO project, and the Department of Health and Human Services. With these combined funds, Maine Medical Center has hired four new benefits counselors (now called CWICs) who join two existing counselors in providing services across the state.
State Affairs
Progress on Executive Order 13 includes Preliminary Survey Findings
Over 1900 Maine state workers, selected at random, completed a confidential online survey about their work and disability experiences. The survey is an important component of Governor Baldacci's Executive Order 13, which directed the state government to be a model employer of workers with disabilities.
While final results are not yet available, preliminary findings show that of those completing the survey:
- 10 percent indicated they have a disability. Of these, 66 percent reported a physical condition; 16 percent a mental health condition; and 13 percent a sensory condition.
- 32 percent reported problems with job accommodations.
- 26 percent reported that someone in their immediate family meets the definition of disability. Of these, 60 percent provided care that caused them to miss work; only 55 percent said that workplace supports were adequate to provide this care.
- Only two percent reported feeling discrimination due to their disability.
Progress has also been made on other components of Executive Order 13:
- A brochure titled, Are you a person with a disability looking for a good job? Have You Considered Work with the Maine State Government? was produced. It contains information for job seekers who have a disability, including those who are receiving services from Maine's Bureau of Vocational Services.
- State employment opportunities were marketed at Career Center job fairs in Augusta, Wilton, Lewiston and Bangor.
More detail on the survey results will appear in our next newsletter and on our web site.
Mark Your Calendar
Brain Injury Awareness Day at the Hall of Flags
State House, Augusta, ME
February 15, 2007, 1:00 p.m. - 3:00 p.m.
You are invited to join in this important educational opportunity to inform our legislators about the impact of Brain Injury, and the
resources that are available and needed. If your organization would like to present, limited tables are available by contacting
Marcia Cooper, (1-800-275-1233), by January 22, 2007.
Employment for All - Show Me the Future - It's Bigger Than You Think! APSE 2007
July 16-18, 2007, Kansas City, MO
The 18th Annual National APSE Conference challenges you to join in shaping the future
of supported employment!
