All persons with disabilities, including veterans with service-connected disabilities, have a right to the opportunity for integrated, community-based employment. To promote the realization of this right, this bill creates the Employment First Maine Act. The Act requires that state agencies that provide and/or fund services and supports to persons with disabilities shall consider, as their first and preferred option, integrated, community-based and/or customized employment for persons with disabilities. The Act does not require an employer to give preference to hiring persons with disabilities.
The Act requires all state agencies to follow this policy for employment by coordinating and collaborating efforts among agencies. In addition, agencies may share data and information whenever possible across systems in order to track progress. State agencies may adopt rules and regulations to implement the Act.
This Act further formally recognizes Employment First Maine. Employment First Maine will review measurable goals and objectives as submitted to it by each relevant state agency to ensure implementation of the Act. Employment First Maine will track the measurable progress of state agencies in implementing the Act and prepare an annual report that details progress made toward the goals and objectives as well as strategies, capacity building activities and policies to help realize greatly improved employment outcomes for Maine citizens with disabilities.
The benefits of employment are significant for all working age individuals, including persons with disabilities, which shall include, but not be limited to, veterans with service-connected disabilities. Persons with disabilities have a right to the opportunity for integrated, community-based employment. This Act is consistent with the U.S. Department of Labor’s Office of Disability Employment Policy’s priority to increase opportunity for community-based, integrated employment opportunities for individuals with the most significant disabilities. Today, a plethora of research exists that corroborates the fact that youth and adults with disabilities, including those with the most significant disabilities can succeed in integrated employment in the community, and this success has a positive effect on the economy. Yet, despite evidence supporting their ability and desire to earn a living wage and be self-sufficient in their communities, the unemployment rate for persons with disabilities remains a pervasive problem in the country, particularly for youth and adults with the most significant disabilities. Therefore, in order to achieve integrated, community-based employment for persons with disabilities, employment opportunities in fully integrated work settings shall be the first and priority option for working age persons with disabilities.
Definitions.
(1) “Integrated, community-based employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which a person with a disability is compensated at or above the minimum wage, but not less than the customary (prevailing) wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities.
(2) “Disability” means, with respect to an individual:
a. a physical or mental impairment that substantially limits one or more major life activities of such individual;
b. a record of such an impairment; or
c. being regarded as having such an impairment, as defined in the Americans with Disabilities Act of 1990, as amended.
(3) “Integrated setting” means with respect to an employment outcome, a setting typically found in the community in which persons with disabilities interact with persons without disabilities, other than persons without disabilities who are providing services to those persons with disabilities, to the same extent that persons without disabilities in comparable positions interact with other persons.
(4) “Working age” means 16 years of age or older.
Employment first policy.
It is hereby declared to be the policy of this State that integrated, community-based employment shall be considered its first and priority option when offering or providing services to persons with disabilities who are of working age. All state agencies that provide services and support to persons with disabilities shall follow this policy and ensure that it is effectively implemented in their programs and services. Nothing in this Act shall be construed to limit or disallow any disability benefits to which a person with a disability who is unable to be employed as contemplated by this Act would otherwise be entitled. Nothing in this Act shall be construed to require any employer to give preference to hiring persons with disabilities.
Implementation of policy by state agencies.
(a) All state agencies shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support integrated, community-based employment for persons with disabilities who are of working age. All state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this Act. All state agencies are encouraged to adopt measurable goals and objectives to promote assessment of progress in implementing this Act.
(b) State agencies are authorized to adopt rules and regulations to implement this Act.
Support for Employment First Maine.
(a) It is hereby recognized that Employment First Maine, a broad based coalition which has worked on this issue for more than a year, shall facilitate the full, effective and timely implementation of this Act.
(b) Employment First Maine shall consist of at least 15 members, who are residents of this State. The group shall consist of at least the following members:
(1) Six members who are persons with a disability and who have knowledge of disability issues and who are not state employees, one of whom shall be a veteran;
(2) a certified rehabilitation provider, providing integrated, community-based employment services;
(3) a representative of the Department of Labor;
(4) a representative of the Department of Education;
(5) a representative of the Department of Health and Human Services;
(6) a representative of the Maine Developmental Disabilities Council;
(7) a representative of Maine APSE;
(8) a representative of the Consumer Council System of Maine
(9) a representative of Speaking Up For Us;
(10) a representative of the Disability Rights Center of Maine;
(11) a representative of the Center for Community Inclusion and Disability Studies;
(12) at least two parents of persons with disabilities; and,
(13) a representative from the Maine Business Leadership Network.
(c) Members of Employment First Maine shall serve without compensation.
Employment First Maine organization; meetings; officers; quorum.
(a) Employment First Maine shall hold regularly scheduled business meetings at least once in each quarter, and at such times as the chairperson deems necessary, or at the request of a majority of the members.
(b) Employment First Maine shall annually elect a chairperson and vice-chairperson. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business.
Powers and duties of Employment First Maine.
(a) Employment First Maine shall review, make recommendations and seek public comment on the measurable goals and objectives as submitted to it by each relevant state agency to ensure implementation of this Act. Employment First Maine shall track the measurable progress of state agencies in implementing this Act. All state agencies shall fully cooperate with and provide data and information to assist Employment First Maine in carrying out its duties.
(b) Employment First Maine shall share progress toward the goals and objectives and full implementation of this Act annually. All state agencies shall cooperate with Employment First Maine on the creation and dissemination of the report. The report also shall identify barriers to achieving the outcomes along with the effective strategies, capacity building activities and policies that can help realize the Employment First initiative.
Employment First Maine shall have the following duties and responsibilities:
(1) Promote coordination among all state programs, services and plans established for or related to the integrated, community-based employment of persons with disabilities.
(2) Review, on a continuing basis, all state policies, plans, programs and activities concerning the integrated, community-based employment of persons with disabilities which are conducted or assisted, in whole or part, by state departments, agencies or funds in order to determine whether such policies, programs, plans and activities effectively meet the employment needs of persons with disabilities.
(3) Make recommendations to the Governor, the Legislature and all state departments and agencies respecting ways to improve the administration of employment services for persons with disabilities and for facilitating the capacity building activities, professional development and implementation of new or expanded programs.
(4) Provide the Governor, the Legislature, all interested agencies and the general public with review and comment on all state legislative proposals affecting the employment of people with disabilities.
(5) Provide policymakers and the general public with analyses and recommendations on federal and local governmental legislation, regulations and policies affecting employment programs and persons with disabilities.
(6) Propose and promote legislation, regulations and policies to improve the integrated, community-based employment of persons with disabilities.
(7) Serve as a central state clearinghouse for information and data regarding:
a. The current numbers of persons with disabilities employed and their needs;
b. The location, provision and availability of employment services and programs for persons with disabilities;
c. Any other relevant information and data about the employment of persons with disabilities which Employment First Maine deems appropriate.
SYNOPSIS
All persons with disabilities, including veterans with service-connected disabilities, have a right to the opportunity for integrated, community-based employment. To promote the realization of this right, this bill creates the Employment First Maine Act. The Act requires that state agencies that provide and/or fund services and supports to persons with disabilities shall consider, as their first and preferred option, integrated, community-based and/or customized employment for persons with disabilities. The Act does not require an employer to give preference to hiring persons with disabilities.
The Act requires all state agencies to follow this policy for employment by coordinating and collaborating efforts among agencies. In addition, agencies may share data and information whenever possible across systems in order to track progress. State agencies may adopt rules and regulations to implement the Act.
This Act further formally recognizes the Employment First Maine group. Employment First Maine reviews measurable goals and objectives as submitted to it by each relevant state agency to ensure implementation of the Act. Employment First Maine tracks the measurable progress of state agencies in implementing the Act and prepares an annual report that details progress made toward the goals and objectives as well as strategies, capacity building activities and policies to help realize greatly improved employment outcomes for Maine citizens with disabilities.