NBDC: What's New

NBDC is thrilled to offer a new way of networking and brainstorming through our quarterly THINK TANK

These interactive discussions are hosted by NBDC and moderated via conference call by experts from (JAN) Job Accommodation Network of the University of West Virginia. JAN’s professional consultants manage over 40,000 inquiries and conduct 155 trainings annually.

So far, over twenty of our NBDC partners have joined the THINK TANK and we invite all NBDC members to join upcoming events in 2012. The topics have centered on requests involving the more complicated reasonable accommodations like coping with mental fog as a side effect of required medications and combating fatigue from some chronic health conditions. Other important topics have been requests for ergonomics and examples of those situations when the employer suggests the accommodation before the employee discloses a disability.

Topics are pre-determined by the THINK TANK participants and JAN selects the consultants from their group, who will best handle each particular topic. The next THINK TANK is scheduled for sometime in mid-March and an invitation will follow later in February. For more details contact Jennifer Towles at jtowles@abilitiesonline.org (212) 785-7300.

The National Business & Disability Council seeks prize incentives in support of 2012 What can YOU do?" Video Contest

The National Business & Disability Council (NBDC) has an exciting support opportunity to share with our members. The Campaign for Disability Employment (CDE), an Office of Disability Employment Policy/U.S. Department of Labor-funded public awareness initiative of which the NBDC is a member, is launching a nationwide video contest. The "What can YOU do?" Video Contest will recognize film makers who produce creative videos that reflect the CDE’s core message of, at work, it's what people CAN do that matters. The goal of the contest is to encourage the production of videos that reflect the diversity of skills people with disabilities offer, challenge common misconceptions about disability employment, and also provide an opportunity for employers to share their inclusive employment programs and practices.

The CDE launched a similar contest in 2009 and received more than 130 videos promoting the talent and skills that people with disabilities bring to America’s workplaces and economy. The CDE recognized Blake Watson, of Mississippi, as the overall contest winner for his video, “Meet Sue.” Best Buy partnered with the CDE by providing a $1500.00 Best Buy gift card that was awarded to Blake at an in-store event in Flowood, Mississippi.

In support of the CDE initiative and contest launch, NBDC is reaching-out to its members for prize incentives to encourage contestants to enter. Prizes may include $100-$500 gift cards, technology, cash, or other appropriate incentives. Sponsors will be recognized on the “What can YOU do?” Video Contest and CDE Supporters WebPages, and featured in contest promotional materials. The CDE will recognize winning videos in three categories (General, Youth, Employer), and the public will be encouraged to select a People’s Choice winner.

Interested supporters may contact Jennifer Towles at jtowles@abilitiesonline.org, (212) 785-7300, ext. 12, preferably by January 23,2012. The contest will launch January 31, 2012 and end March 30, 2012. Winning entries will be announced by April 30, 2012.

Thank you for considering this opportunity and for supporting the important mission of the Campaign for Disability Employment. To learn more about the CDE, visit WhatCanYouDoCampaign.org.

NBDC Job Posting Service – New and Improved!

Posting your jobs on www.nbdc.com is a useful vehicle for attracting persons with disabilities to your organization’s job opportunities. With unlimited job postings available to you, the types of jobs listed is limited only by the number of open positions. We have created a new and improved user-friendly interface making it quick and easy for you to post your positions at any time. If you prefer, the NBDC staff can post them for you. Simply e-mail or give us a call, and we will send you the easy to use Job Posting spreadsheet. The spreadsheet was developed for easy transfer of your job postings to our web site job posting page.

The postings are updated frequently by our quality assurance department. This means that any additions or changes that may be necessary will appear in a timely manner. Because the site is completely accessible, all visitors have access to your job postings. Thousands of job seekers with disabilities visit our site each month. Remember, this service is FREE with membership!!

For questions or additional information, call or email Jennifer Towles at jtowles@abilitiesonline.org or 212.785.7300, ext. 12.

The ADAAA Final Rule

The U.S. Equal Employment Opportunity Commission recently announced the availability of the final rule implementing the Americans with Disabilities Act Amendments Act (ADAAA) and provides nine rules of construction to guide the analysis of what constitutes a disability, effective March 25, 2011 The final rule implementing the Americans with Disabilities Amendments Act (ADAAA) is available to the public online and in print in the Federal Register. The final rule is scaled back from the proposed rule in several respects, including the definition of “disability.” Instead of providing a list of impairment that could be considered “disabilities,” as done in the past, the final regulations now provide 9 rules of construction to provide guidance to assist in determining what constitutes a disability. The nine rules of construction are as follow: 1. The term “substantially limits” shall be construed broadly in favor of expansive coverage, to the maximum extent permitted by the terms of the Americans with Disabilities Act (ADA). “Substantially limits” is not meant to be a demanding standard. 2. An impairment is a disability if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population. An impairment need not prevent, or significantly or severely restrict, the individual from performing a major life activity in order to be considered substantially limiting. But not every impairment will constitute a disability. 3. The primary object of attention in cases brought under the ADA should be whether covered entities have complied with their obligations and whether discrimination has occurred, not whether an individual’s impairment substantially limits a major life activity. Accordingly, the threshold issue of whether an impairment “substantially limits” a major life activity should not demand extensive analysis. 4. The determination of whether an impairment substantially limits a major life activity requires an individualized assessment. However, in making this assessment the term “substantially limits” shall be interpreted and applied to require a degree of functional limitation that is lower than the standard for “substantially limits” applied prior to the ADAAA. 5. The comparison of an individual’s performance of a major life activity to the performance of the same major life activity by most people in the general population usually will not require scientific, medical or statistical analysis. However, nothing prohibits the presentation of scientific, medical or statistical evidence to make such a comparison where appropriate. 6. The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures. But the ameliorative effects of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity. 7. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. 8. An impairment that substantially limits one major life activity need not substantially limit other major life activities in order to be considered a substantially limiting impairment. 9. The six-month “transitory” part of the “transitory and minor” exception to “regarded as” coverage does not apply to the definition of an actual disability. The effects of an impairment lasting or expected to last fewer than six months can be substantially limiting. In addition, the following disabilities are considered “Easily Concluded to Be Disabilities” under these rules of construction and are determined to be impairments that may substantially limit additional major life activities: • Deafness that substantially limits hearing • Blindness that substantially limits seeing • An intellectual disability (formerly termed mental retardation) that substantially limits brain function • Partially or completely missing limbs or mobility impairments requiring the use of a wheelchair that substantially limit musculoskeletal functions • Autism that substantially limits brain function • Cancer that substantially limits normal cell growth • Cerebral palsy that substantially limits brain function • Diabetes that substantially limits endocrine function • Epilepsy that substantially limits neurological function • Human Immunodeficiency Virus (HIV) infection that substantially limits immune function • Multiple sclerosis that substantially limits neurological function • Muscular dystrophy that substantially limits neurological function • Major depressive disorder, bipolar disorder, post-traumatic disorder, obsessive compulsive disorder and schizophrenia that substantially limits brain function The final regulations state several major bodily functions such as immune system, special sense organs and skin, normal cell growth, digestive, in addition to listing other major life activities and can be found at www.federalregister.gov. For additional information, contact NBDC Information Services at 516.465.1519 or lfrancis@abilitiesonline.org. 

CDE’s PSA Campaign Tops $15 Million

At the end of year one of national promotion and PSA distribution, the CDE's PSA campaign has topped $15 million in estimated earned media time. The total combined (TV, cable, radio, print, theater) estimated earned media value for the "I Can" and "Yo Puedo" PSAs as of March 3, 2011 is $15,465,836.00.

The Campaign for Disability Employment (CDE) www.whatcanyoudocampaign.org is a collaborative effort among leading disability and business organizations that seek to promote positive employment outcomes for people with disabilities. CDE partners include American Association of People with Disabilities (AAPD); National Business and Disability Council (NBDC); National Council of La Raza (NCLR); National Gay and Lesbian Chamber of Commerce (NGLCC); Society for Human Resource Management (SHRM); Special Olympics (SO); and U.S. Business Leadership Network (USBLN).

NBDC’s 2011 4th Semi-Annual Employee Resource Group Consortium

NBDC member company, KPMG, recently hosted NBDC’s 4th DRG Consortium at their New York City headquarters. Participants from 23 companies and government agencies were given invaluable information regarding disability resource group best practices from panelists: Barbara Wankoff of KPMG, Adrian Hawkins of Novartis, Bruce Mendes of Sodexho, and moderator Dana Foote, KPMG.

The event began with a dynamic networking session that allowed attendees and presenters meet while enjoying a blend of hordearves and sparkling beverages. Immediately following, Shaun Kelly, Vice Chair of KPMG’s US Tax Practice and Regional Head of the Americas Tax Practice opened the consortium with welcoming remarks. Dana Foot of KPMG, graciously accepting the role of moderator and prompted speakers to share their company’s DRG best practices by elaborating on the company DRG’s Mission and Goal. Immediately following each presenter discussed their DRG’s Structure and Meeting schedule, their Most Innovative Aspect of their DRG program, their Greatest Challenge and How it has been or is being overcome, Tips on Maintaining Momentum or Re-Energizing, and finally to provide Guidance to others interested in starting similar groups.

At the conclusion of presentations, panelists and attendees continued to share information. To learn how you could host an ERG event, contact Jennifer Towles at jtowles@abilitiesonline.org

A Toolkit for Establishing and Maintaining Successful Resource Groups

Due to the increasing number of NBDC members expressing interest in developing and enhancing Disability Employee Resource Groups to serve as resources to their organizations, NBDC has launched a Toolkit for Establishing and Maintaining Successful Employee Resource Groups. The Toolkit was prepared by NBDC and the National Employer Technical Assistance Center funded to Cornell University by the Office of Disability and Employment Policy.

Regardless of company size or industry, the best and most effective way to undertake or maintain new business initiatives is by learning from the success of others. It is for that reason that the Tooklit was prepared with a twelve step outline on how to start, implement, and maintain disability employee resource groups.

The publication includes the Toolkit’s suggested Twelve Step Outline as follows:

Getting Started

Step 1: Start at the Top – Gain the Support of Corporate Executives

Step 2: Create Partnerships with Your Diversity Team

Step 3: Get Employees Involved

Step 4: Develop Budget and Secure Funding

Implementation

Step 5: Name of Group

Step 6: Set Mission and Goal

Step 7: Design a Structure

Step 8: Create an Innovative Business Solution

Step 9: Overcome Challenges

Step 10: Maintain Momentum

Step 11: Leverage Relationships with Other Internal Resource Groups

Step 12: Measure Success

With a clear business focus, Employee Resource Groups can be strategic partners that contribute significantly to an organization’s overall success and profitability. As any effective business practice, ERGs must be carefully planned, well managed, and have clear and measurable outcomes. They have been most effective when senior management was involved and an Executive Sponsor or Champion assigned to lend support and link the group’s mission and work directly to business goals. Operating a successful ERG is an on-going process, which requires continuous nurturing, but the benefits derived are well worth it.

To request a free electronic copy of A Toolkit for Establishing and Maintaining Successful Employee Resource Groups, contact Jennifer Towles at jtowles@abilitiesonline.org or sign onto the NBDC web site at www.nbdc.com and enter your Member Logon and password.

Abilities! Names John Kemp New President and CEO

John D. Kemp, a national leader in assuring full and equal employment for people with disabilities, to fill executive role upon the retirement of Edmund L. Cortez

(Albertson, NY…January 10, 2011…) Abilities!, one of the world’s leading organizations dedicated to fully integrating people with disabilities into society, has appointed John D. Kemp as President and CEO. He assumes his responsibilities upon the retirement of current President and CEO Edmund L. Cortez on February 4, 2011. Christopher Pascucci, Chairman of the Board of Directors of Abilities!, made today’s announcement.

“John Kemp’s credibility, knowledge and influence in the field will build upon our very strong foundation here at Abilities!,” said Pascucci. “We are exceedingly grateful to Edmund Cortez for his stewardship of this organization over the past 17 years.” Kemp currently serves as Executive Director of US Business Leadership Network, a national organization dedicated to assuring full and equal employment for people with disabilities.

Kemp will be responsible for overseeing Abilities! daily operations and programs, as well as representing Abilities! in matters of public policy and government relations. He will supervise a staff of over 400 in sustaining Abilities! reputation for successful programs in K-12 education, on-site vocational training programs, employment services, research, advocacy and leadership.

He has successfully led a number of well-known non-profits, including positions as National Executive Director of the United Cerebral Palsy Associations and General Counsel and Vice President of the National Easter Seal Society. His interest in business and management has informed his career pursuits, most recently as a partner at the Washington, D.C.-based law firm Powers, Pyles, Sutter & Verville PC. An author of several articles on disability policy and trends, Kemp serves on advisory boards for Boys and Girls Club of America and the U.S. Department of State’s Advisory Committee on Persons with Disabilities. He is on the board of directors of ICD and Goodwill Industries of Greater Washington. He holds a degree from Georgetown University and a J.D. from Washburn University School of Law.

“I was introduced to John Kemp by Abilities! founder Hank Viscardi,” said Cortez. “Over the years, we have worked together on initiatives to advance the interests of people with disabilities. I hold him in the highest regard and believe the Board has found the most qualified, talented, and dedicated person to lead Abilities!.”

Kemp is himself disabled and, beyond his considerable skills, training and talents, brings personal experience and insight to advancing integration of individuals with disabilities.

“Abilities! is an organization that has always been in the forefront of supporting progress for people with disabilities and their families,” said Kemp. “I will honor this heritage and I thank Ed Cortez and the Board of Directors for their confidence.”

About Abilities!: Founded in 1952, Abilities! is a nonprofit organization dedicated to creating a world where people with disabilities receive the same treatment as all other people and have equal access to the benefits society offers. With a staff of more than 400, including experts in education, human resources and technology, Abilities! has grown to become a global leader in the full integration of people with disabilities into everyday life. More information about Abilities! and its wide range of services to individuals, organizations and private-sector businesses is available at www.abilitiesonline.org.

The Campaign for Disability Employment (CDE) What Can You Do Campaign, in which NBDC’s Emerging Leaders Summer Internship Program for college students with disabilities is a partner, now has a Facebook fan page and a LinkedIn page.

CDE has established this social media presence to spread the word and encourage friends and colleagues to become fans and connections. Icons will be posted on the CDE homepage www.whatcanyoudocampaign.org , and additional information will follow about opportunities for using these social media tools to promote positive employment outcomes for people with disabilities.

Become a Facebook fan and get LinkedIn with the Emerging Leaders Summer Internship Program and the Campaign for Disability Employment! "The Emerging Leaders Summer Internship Program for College Students with disabilities"is a fan of What Can You Do? Campaign for Disability Employment! www.emerging-leaders.com.

Tax Credits for Individuals with disabilities

Individuals with a disability who are working are now entitled to the Earned Income Tax Credit (EITC). In New York, the EITC is an incentive for people with disabilities to build assets and save for the future. The EITC will not affect such benefits as Social Security Insurance (SSI), Medicaid, or federally funded housing programs, nor will it be counted as income when it’s received; therefore, it will not affect any other assistance programs with income limits. For additional information on the Earned Income Tax Credit, go to its website at http://www.otda.state.ny.us/main/reform/. An additional tax resource for people with disabilities interested in accessing the EITC is available through the Real Economic Impact Tour (REI Tour)http://www.realeconomicimpact.org/REI-Tour.aspx, a national initiative that provides free tax preparation and filing assistance to low-income people with disabilities.

HIRE Act Tax Incentives for Employers

Last month, the IRS introduced two new tax benefits that are available to employers hiring workers who were previously unemployed or only working part time. These provisions are part of the Hiring Incentives to Restore Employment (HIRE) Act.

Employers who hire unemployed workers this year, after Feb. 3, 2010 and before Jan. 1, 2011, qualify for a 6.2 percent payroll tax incentive, exempting them from their share of Social Security taxes on wages paid to these workers after March 18, 2010. This reduced tax withholding will not have an effect on the employee’s future Social Security benefits, and employers would still need to withhold the employee’s 6.2 percent share of Social Security taxes, as well as income taxes. The employer and employee’s shares of Medicare taxes would also still apply to these wages.

For each worker retained for at least a year, businesses may claim an additional general business tax credit, up to $1,000 per worker, when they file their 2011 income tax returns.

The Internal Revenue Services projects that these two tax benefits are especially helpful to employers who are adding positions to their payrolls. New hires filling existing positions also qualify but only if the workers they are replacing left voluntarily or for cause. Family members and other relatives do not qualify. The new law also requires that the employer get a statement from each eligible new hire certifying that he/ she was unemployed during the 60 days before beginning work or, alternatively, worked fewer than a total of 40 hours for someone else during the 60-day period.

Additional information on all that qualify to claim the payroll tax benefit in addition to revised forms and further details on these two new tax provisions will be posted on IRS.gov web site during the next few weeks.

NBDC is pleased to be a partner in the Campaign for Disability Employment (CDE)

A collaborative effort to promote positive employment outcomes for people with disabilities by encouraging employers, and others, to recognize the value and talent that people with disabilities bring to the workplace. The Campaign has developed a public service announcement (PSA) that can be viewed from the web site homepage at http://www.whatcanyoudocampaign.org where contest winner videos and other useful resources can also be found.

Press Releases: Access the latest articles about news within the National Business & Disability Council
In the News: Headlines in the media: learn more about current disability issues
Legislation Update: Obtain the latest information on recent rulings based on the enactment of laws resulting from current legislation
In the Courts: Use this link to keep abreast of all disability related cases in the courts today
Success Stories: Read about the recent successes people with disabilities have had in gaining employment

The National Business & Disability Council

NBDC What’s New