Blind since birth, Ms. Martinez is the head of the U.S. Department of Labor’s Office of Disability Employment Policy (ODEP). She advises the Secretary of Labor and works with all DOL agencies to lead a comprehensive and coordinated national policy regarding the employment of people with disabilities. 

In the first part of our interview with Kathleen Martinez, she outlined some of the programs her office has initiated to help people with disabilities gain employment. Here is a continuation of that discussion:

Disaboom: We know that it has been proposed that Federal Contractors have a 7% hiring goal of people with disabilities. Can you tell us how this will be monitored? What is the penalty if they don’t comply?

Kathy Martinez: “First, it is important to note that the goal is neither a quota nor a hiring ceiling, and that failure to attain the goal does not constitute a violation of Section 503 or OFCCP’s regulations. Rather, the goal is simply a tool to provide both contractors and OFCCP with a quantifiable measure for assessing progress in recruiting and employing individuals with disabilities, and in helping to identify remaining barriers to equal employment. “Progress toward the goal under the proposed rule would be monitored in a similar fashion to the goals established for minorities and women under Executive Order 11246. Contractors are required to track and maintain data on their personnel activity and workforce composition as part of their written affirmative action plan, and to assess progress toward their goals. These materials must be made available to OFCCP as part of the auditing process if a compliance evaluation is conducted, or if they are investigating a complaint.”

Disaboom: What is the time line on new jobs regulations after the Feb 7th deadline for public comments?

Kathy Martinez: “The Office of Federal Contract Compliance Programs (OFCCP) is hoping to have the final regulation out in the fall of 2012.”

Disaboom: With so many Federal missions underway, including the new compliance rules, can you summarize the most important?

Kathy Martinez: “Here are four I think are important:

• Federal Government as Model Employer

“In July 2010, President Obama marked the 20th Anniversary of the Americans with Disabilities Act by signing Executive Order 13548. This order mandates executive departments and agencies to improve their efforts to employ workers with disabilities through increased recruitment, hiring, and retention of people with disabilities. “The goal is to employ an additional 100,000 people with disabilities over the next five years.  Agencies were required to develop a plan with performance targets and numerical goals for employment of individuals with disabilities and sub goals for individuals with targeted disabilities. “As of November 2011, all agency plans have been approved by OPM, and agency implementation is progressing.

• Notice of Proposed Rulemaking (NPRM) related to Federal Contractors.

“As you suggested in your question, the NPRM related to affirmative action of people with disabilities and Federal Contractors is of monumental importance given that approximately one in every 4 person hired in the United States works for a Federal Contractor.

 • Integrated Employment

“A number of Federal agencies, including ODEP and ADD, are involved in activities designed to promote integrated employment. Research has shown that strategies such as supported and customized employment utilized in integrated settings are cost-effective, and provide a greater return on investment than other traditional forms of employment used to support persons with significant disabilities. As I mentioned previously, in November we launched an online ‘Integrated Employment Toolkit,’ and we are currently involved in implementing an initiative to support and promote ‘Employment First’ at the state level. 

• Youth Transition

“Ensuring that youth with disabilities obtain the education and skills they need to succeed is also a shared Federal priority. The ‘Guideposts for Success framework,’ which ODEP developed, reflects what research identifies as key educational and career development interventions that make a positive difference in the lives of all youth, including youth with disabilities. Included among these are soft skills, so in the next year we will be developing web-based games to complement Skills to Pay the Bills, our soft skills curriculum.”

Disaboom: In speaking with corporations who are seeing a need to diversify their workforce, and who are willing to train people with disabilities, it seems that there is a change coming to corporate America. With that in mind, do you see a need for a private sector forum for exchanging ideas about the hiring and managing people with disabilities? 

Kathy Martinez: “There are already several ways the private sector can do this. The US Business Leader Network and NBDC provide this to their members. For Example, the NBDC partners with our Job Accommodation Network to host quarterly ‘Think Tanks’ on accommodation topics determined by their members. Our employer technical assistance center, known as EARN, is another avenue for all employers to share information. I met last fall with the group of employers we call our Circle of Champions and we had a dynamic exchange of ideas. 

For more information on ODEP, visit: http://www.dol.gov/odep/