Summary:

This document is a review of California State Government's efforts to increase the employment and equitable treatment of persons with disabilities [PWDs].  It has been prepared by the Association of California State Employees with Disabilities [ACSED] [formerly DISS] and it shows the need for attention and progress in numerous areas. These include the significant under attainment of disability employment goals, inequitable treatment of PWDs, incomplete compliance with statutory requirements and under usage of effective hiring practices intended to facilitate progress. These issues stem primarily from a lack of management support, insufficient resources, and low priorities.

Included is a set of action recommendations intended to address the areas of concern noted above and to enhance State Government's disability employment program.

ACSED is committed to increasing the awareness of the issues identified in this review and the proposed recommendations, and to working cooperatively with all appropriate agencies and departments, especially the State Personnel Board [SPB] and the Department of Rehabilitation [DOR], and other organizations to improve the employment, retention, and promotion of qualified employees with disabilities in California State Government.

Introduction:

As part of its overall Affirmative Action/Equal Employment Opportunity [AA/EEO] effort, California State Government has had a disability employment program, administered by the State Personnel Board [SPB], since the late 1970s.  While always lacking sufficient resources to be highly effective, this program, with the assistance of other organizations such as ACSED [then known as Disabled in State Service (DISS)], has made modest progress promoting employment opportunities and fair treatment for persons with disabilities in State Government.  When the State rescinded its AA effort, as a result of the passage of Proposition 209 of 1996 and the loss of an ensuing lawsuit to maintain an AA program, resources and support for the disability employment program also diminished even though PWDs were not covered by the Proposition.  In the following years, many Departments fell further behind in meeting the hiring goals for PWDs.  Eventually, this led to the issuance of the Governor's Executive Order [EO] S-4-05 in 2005, as a way to restimulate interest and support for the employment of PWDs in State Government. 

The EO, issued by Governor Arnold Schwarzenegger on June 22, 2005 states, "State Government has an opportunity and a responsibility to lead by example, ensuring individuals with disabilities have an open door to the many opportunities in public service." The Order, which assigned SPB and DOR the lead roles in assisting departments, also indicates, "All state agencies, departments and commissions shall utilize best efforts with respect to recruitment, hiring, advancement, and other terms, conditions, and privileges of employment..."

In 2007, a partnership of State agencies, led by the Department of Rehabilitation, and including ACSED, conducted the "Creating Inclusion - The State as a Model Employer Career Symposium."  In an October 17, 2007 letter to the Symposium attendees, the Governor said, "The time has come - and is far past - for California to generate more opportunities and a more inclusive environment for all people.  This is why I signed an Executive Order in June of 2005, directing California agencies to utilize their vast resources to increase job opportunities for those with disabilities."

It is two-and-a-half years since the Governor issued the EO and it is important that we review the current status of disability employment in State government.  Such a review is necessary to determine where we are and what is needed to create and sustain a successful disability employment program, one that will establish California State Government as a model employer.

This paper has been prepared by The Association of California State Employees With Disabilities [ACSED], Les Treece-Sinclair, MPA, President. In undertaking this review, the assistance of SPB staff is acknowledged.  Without their help, this document would not be possible. Any errors in accuracy or interpretation, however, are solely the responsibility of the author.

ASCED [formerly Disabled In State Service (DISS)] is an independent nonprofit public benefit 501[c][3] California corporation. It was formed over 25 years ago and it is directed by PWDs. Its mission is to ensure action on disability issues in State government and a key goal is to expand employment, promotional and appointed opportunities for persons with disabilities in State government.  Over the years ACSED, amongst many things, successfully promoted the State legislation that created Disability Advisory Committees [DACs] in departments; persuaded the State Personnel Board [SPB] to adopt the 11.4 disability parity rate in 1996; and is currently working with the Public Employees Retirement System [PERS] to address aspects of their Long Term Care [LTC] Program that exclude some State employees with disabilities.