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Definitions
Employment Services Glossary
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- Disability
Is HIV/AIDS considered a disability under the ADA?
The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet on a case by case basis (EEOC Regulations . . . , 2011). A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having such an impairment (EEOC Regulations . . . , 2011).
However, according to the Equal Employment Opportunity Commission (EEOC), the individualized assessment of virtually all people with HIV/AIDS will result in a determination of disability under the ADA; given its inherent nature, HIV/AIDS will almost always be found to substantially limit the major life activity of immune function (EEOC Regulations . . . , 2011). Source - Discrimination
The definition of discrimination is the act of prejudice against a person because they have a certain set of characteristics. Discriminated characteristics can include disability, age, gender reassignment, religion, race, sex and sexual orientation. Source - Essential Functions of the Job
Essential functions of the job are those core duties that are the reason the job position exists. For example, an essential function of a typist s position is the ability to type; an essential function of a bus driver s position is the ability to drive. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified because of his or her inability to perform marginal or incidental job functions. Source - Functional Limitations
A functional limitation is any health problem that prevents a person from completing a range of tasks, whether simple or complex. More specifically, a serious limitation in a functional area means a reduction, due to a severe physical or mental impairment, to the degree that the individual requires services or accommodations not typically made for other individuals. Source - Microenterprise
A microenterprise, also known as a "mom and pop," is a business with five or fewer employees. Most are sole proprietorships, which create employment for the owner as well as their family members. Some grow into larger businesses, employing other community members. They are defined as requiring less than $35,000 in capital to start up or expand and can generate up to $50,000 in annual sales. A microentrepreneur is typically someone who is looking for a way to earn a living or create additional income by owning his/her own business. Microenterprises can be anything from specialty food shops to repair services. More than 25 million microenterprises operate in the United States, representing 18% of all private employment and 88% of all businesses. Source - Stigma
A sign of disgrace or shame. It originates from the ancient practice of branding or marking someone who was thought to be "morally flawed" or to have behaved badly and therefore ought to be avoided by other members of society. Stigma is often described as a process of devaluation. In other words, if one is stigmatized one is discredited, seen as a disgrace and/or perceived to have less value or worth in the eyes of others. HIV-related stigma often builds upon and reinforces other existing prejudices, such as those related to gender, sexuality and race. For example, the stigma associated with HIV is often based upon the association of HIV and AIDS with already marginalized and stigmatized behaviors, such as sex work, drug use and same-sex and transgender sexual practices. HIV-related stigma affects those living with HIV and – through association – those who they are associated with, such as their partner or spouse, their children and the other members of their household. Source - Vocational Rehabilitation
Vocational rehabilitation is the utilization of services and resources to enable a disabled person to secure, retain and advance in suitable employment and thereby to further such person’s integration or reintegration into society. Source - Work Incentives
Work Incentives are policies designed to encourage and support transitions to employment for benefit and entitlement program participants, such as beneficiaries of SSI, SSDI, Medicaid, Medicare, HUD-funded subsidized housing, etc. Work Incentives Terminology
FAQs
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- Who is protected by the Americans with Disabilities Act (ADA)?
The ADA does not contain a list of covered disabilities, so Job Accommodation Network (JAN) consultants cannot tell callers whether an individual is protected by the Act. However, JAN consultants are able to provide guidance regarding the ADA’s definition of disability from the Equal Employment Opportunity Commission (EEOC), the enforcing agency for the ADA’s employment provisions. Callers to JAN do not need to be protected by the ADA in order to use JAN. - What is reasonable accommodation?
In relation to the ADA, reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to ensure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities. JAN consultants can provide callers with various accommodation solution ideas for a specific situation. They cannot tell callers what is reasonable for a specific situation, but are able to provide guidance regarding the ADA’s definition of reasonable accommodation from the EEOC, the enforcing agency for the ADA’s employment provisions. - How can an employee request reasonable accommodation from an employer?
Though not required by the ADA, JAN suggests that employees ask for accommodations in writing. See JAN’s Ideas for Writing an Accommodation Request Letter for information on how to form such a letter. - When can an employer ask an individual for medical documentation?
Contact JAN directly for specific situations and read EEOC’s Enforcement Guidance on Disability-Related Inquiries and Medical Examinations and Pre-employment Disability-Related Questions and Medical Examinations for an overview. Also, see JAN’s Medical Inquiry Response to an Accommodation Request.
Vocational Rehabilitation Glossary
Click each term for a definition: (Source)
- Abilities
Abilities is one the primary employment factors. Abilities include the individual’s existing physical, mental, or functional capacity to successfully engage in employment through natural aptitude or acquired proficiency. - Benefits Counseling
Benefits counseling is a resource for an individual to obtain benefits and/or to understand and use work incentives available through the Social Security Administration and other public or private programs. Benefits counseling provides reliable information on the impact of earned income on cash benefits and entitlement programs that the person may depend on for overall income, including:- SSI,
- SSDI,
- Medicaid and Medicare, and other health care benefits,
- housing subsidies, and
- other public assistance.
- Capabilities
Capabilities is one of the primary employment factors. Capabilities includes the potential for an individual to develop the skills necessary for employment through the provision of vocational rehabilitation services. - Career Interests
Interests is a secondary factor. Interests include occupational areas on which an individual has focused special attention. - Client Assistance Program
The Client Assistance Program(CAP) is a type of consumer protection agency for New Yorkers with disabilities who are applying for, or receiving services from, VESID or any other federally funded vocational service agency. CAP will answer questions about an individual’s rights when applying for, or receiving services from, vocational programs; provide legal assistance in obtaining vocational rehabilitation; provide help in understanding rehabilitation programs and facilities. - Communication
Communication is a person’s ability to transmit and/or receive information through spoken, written or other non-verbal means. - Concerns
Concerns is one of the primary employment factors. Concerns include employment-related issues that need to be considered in vocational planning such as financial, self-sufficiency, medical, residential, and family considerations. - Coordinated Set of Activities
The coordinated set of activities include instruction, community experiences, the development of employment and other post-school adult living objectives, and, when appropriate, acquisition of daily living skills and functional vocational evaluation. - Duration
The length of time the limitation has existed or is expected to last. - Employment Factors
Employment factors include strengths, resources, priorities, concerns, abilities, capabilities, interest and informed choice. - Employment Goal
The employment goal is described as the profession or occupation that the individual is expected to achieve as a result of the services provided under the IPE. The goal, including the projected timeframe for achieving it, should be as specific and realistic as possible but may change or become more focused as the individual proceeds through the IPE. The IPE must also, to the maximum extent possible, provide training and employment in an integrated setting. The goal is based on an assessment of vocational rehabilitation needs, considering the individual’s primary employment factors (i.e., strengths, resources, priorities, concerns, abilities, and capabilities) as well as interests and informed choice. - Employment Network (EN)
Any qualified entity that has entered into an agreement with the Social Security Administration (SSA) to deliver employment, vocational rehabilitation and support services to beneficiaries of SSI and/or SSDI who have assigned their Tickets to them. - Enclave Model
Enclave models consist of a small group of approximately five to eight individuals with most severe disabilities who work in a local industry with training, supervision and ongoing support provided by a job coach from a provider agency/agent. Supported employment enclaves are distinguished by the continuous, individualized job and integrative social skills training provided to consumers. Enclaves are built slowly, starting with one or two workers, then adding new workers as previous trainees are established with the enclave. There is an opportunity for integration with non-disabled workers at the site, as well as an opportunity for enclave workers to be absorbed into the regular work force as work skills develop. - Extended Employment
Refers to work for wages or salary in a non-integrated setting for a public or nonprofit organization. Such settings are variously referred to as community rehabilitation programs, or sheltered, industrial, or occupational workshops. Individuals are compensated according to the Fair Labor Standards Act and the organization provides any needed support services that enable the individual to train or prepare for competitive employment. - Extended Period of Time
Extended period of time means a period of time, after eligibility has been determined, lasting six or more months. - Extended Services
Extended Supported Services is defined as the long term support service required by individuals whose goal is supported employment. The provider is the actual agency providing the support services (not the funding agency). - Frequency
The number of times a given limitation affects the individual’s ability to function within a set period of time. - Functional Limitation
Functional Limitation means a measurable impediment directly related to an employment outcome resulting form the person’s disability, in areas such as communication, interpersonal skills, mobility, self-care, self-direction, work tolerance, or work skills. - Informed Choice
Informed Choice is a secondary factor. Informed Choice is the active involvement of consumers contributing to the success of and satisfaction with their employment outcomes in the selection of, long-term vocational goal, rehabilitation objectives, vocational rehabilitation services including assessment services, service providers that contribute to the success of an satisfaction with their employment outcomes. While individuals are encouraged and expected to actively participate and made meaningful choices in conjunction with their vocational rehabilitation counselor, consumer choice does not mean they have complete control over their programs. In the collaborative decision-making process, vocational rehabilitation counselors apply their professional judgement; applicable laws, regulations, and policies; and sound planning considerations to the individual’s circumstances. - Integrated Work Setting
An integrated work setting is one where the individual with a disability interacts regularly with persons who do not have disabilities and who are not paid caregivers. Transitional employment programs for individuals with severe and persistent mental illness are included in this definition. - Intensity
The degree to which the limitation affects the individual’s ability to function. - Intensive Supported Employment Services
Intensive supported employment services are ongoing support services and other appropriate services provided by VESID. These services are based on a determination of the specific needs of an individual to enter and maintain a supported employment placement. These services are provided through the term of employment, including multiple placements in a program of transitional employment. Ongoing support services must include minimally 2 monitoring sessions per month at the work site of each individual to assess his/her employment stability. If off-site monitoring is determined appropriate, it must at a minimum, consist of two meetings with the individual and one contact with the employer each month. Examples of intensive services are: Situational Assessment, and Job Development Activities. - Interests
Interests is a secondary factor. Interests include occupational areas on which an individual has focused special attention. - Interpersonal Skills
Interpersonal skills means the ability to establish and/or maintain personal, family or community relationships as they affect job performance. - Mobile Crew Models
Mobile Crew models are set up as small, single purpose service businesses whose employees move from site to site in the community rather than operating as an extension of a large organization with many missions. A general manager is responsible for small crews with eight or fewer employees, and there is one supervisor/job coach per crew. Companies using the Mobile Crew model are often organized as not-for-profit corporations, performing such services as cleaning or landscaping. Opportunities for integration are provided through interaction with customers and the general public as mobile crew members perform their work. - Mobility
Mobility means a person’s ability to move to and from work or within a work environment, including walking, climbing, coordination, accessing and using transportation, as well as use of special and perceptual relationships. - Most Significant Disability
An individual with a most significant disability means an individual:- who has one or more physical or mental disabilities determined by an assessment of eligibility and vocational rehabilitation needs to cause substantial functional limitations; and
- who has a physical or mental impairment which seriously limits three or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and
- whose vocational rehabilitation will require multiple vocational rehabilitation services over an extended period of time.
- Multiple Vocational Rehabilitation Services
Multiple vocational rehabilitation services means more than one of the following major services, excluding services for assessment to determine eligibility, counseling, guidance and placement provided by the vocational rehabilitation counselor. These services must be necessary, as a result of a person’s disability, in order to achieve an employment outcome. Comparable benefits that will be identified under an approved IWRP count towards the multiple service requirement.- vocational and other training services
- physical and mental restoration services
- maintenance
- interpreter services
- ongoing assessment other than for determining eligibility
- occupational licenses, tools equipment, and initial stocks and supplies
- transportation
- telecommunications
- rehabilitation technology services
- referral to other peograms for necessary services developed through
- cooperative agreements
- transition services
- personal assistance services
- supported employment services
- Ongoing Support Services
Ongoing support services, as used in the definition of “Supported employment” —- Means services that are —
- Needed to support and maintain an individual with a most severe disability in supported employment;
- Identified based on a determination by the designated State unit of the individual’s needs as specified in an individualized plan for employment; and
- Furnished by the designated State unit from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended services providers throughout the individual’s term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment;
- Must include an assessment of employment stability and provision of specific services at or away from the worksite that are needed to maintain stability based on —
- At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or
- Identified based on a determination by the designated State unit of the individual’s needs as specified in an individualized plan for employment; and
- Furnished by the designated State unit from the time of job placement until transition to extended services, unless post-employment services are provided following transition, and thereafter by one or more extended services providers throughout the individual’s term of employment in a particular job placement or multiple placements if those placements are being provided under a program of transitional employment;
- Must include an assessment of employment stability and provision of specific services or the coordination of services at or away from the worksite that are needed to maintain stability based on —
- At a minimum, twice-monthly monitoring at the worksite of each individual in supported employment; or
- If under special circumstances, especially at the request of the individual, the individualized plan for employment provides for off-site monitoring, twice-monthly meetings with the individual;
- Consist of —
- Any particularized assessment supplementary to the comprehensive assessment of rehabilitation needs described in this part;
- The provision of skilled job trainers who accompany the individual for intensive job skill training at the work site;
- Job development and placement;
- Social skills training;
- Regular observation or supervision of the individual;
- Follow-up services including regular contact with the employers, the individuals, the parents, family members, guardians, advocates or authorized representatives of the individuals, and other suitable professional and informed advisors, in order to reinforce and stabilize the job placement;
- Facilitation of natural supports at the worksite;
- Any other service identified in the scope of vocational rehabilitation services for individuals, described in § 361.48; or
- Any service similar to the foregoing services.
- Means services that are —
- Personal Assistance Services
Personal assistance services means a range of services provided by one or more persons designed to assist an individual with a disability to perform daily living activities on or off the job that the individual would typically perform without assistance if the individual did not have a disability. The services must be designed to increase the individual’s control in life and ability to perform everyday activities on or off the job. The services must be necessary to the achievement of an employment outcome and may be provided only while the individual is receiving other vocational rehabilitation services. The services may include training in managing, supervising, and directing personal assistance services.
(Authority: Sec. 7(11) and 103(a)(15) of the Act; 29 U.S.C. 706(11) and 29 U.S.C. 723) - Priorities
Priorities is one of the primary employment factors. Priorities includes consistency with and the relationship to the individual’s employment-related preferences, based on informed choice among available options. - Rehabilitation Technology
Rehabilitation technology means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of, and address the barriers confronted by, individuals with disabilities in areas that include education, rehabilitation, employment, transportation, independent living, and recreation. The term includes rehabilitation engineering, assistive technology devices, and assistive technology services.
(Authority: Sec. 7(13) of the Act; 29 U.S.C. 706(13)) - Resources
Resources is one of the primary employment factors. Resources include the individual’s sources of available support, including financial, social, information, and technological, on which the person can rely to prepare for an meet employment objectives. These resources could be available from the individual, the family, or other community or public sources. - Self-Care
Self-care means the ability to perform activities of daily living, to participate in training or work-related activities, including eating, toileting, grooming, dressing, cooking, shopping, washing, housekeeping, money management and health and safety needs. - Self-Direction
Self-direction is an individual’s ability to independently plan, learn, reason, problem solve, memorize, initiate, organize, and make decisions. These processes allow individuals to assimilate information and learn specific skills related to job functions. - Seriously Limits
Seriously limits meams that the limitation is not minor in terms of intensity, frequency, or duration to achieve an employment outcome. - Significant Disability
An individual with a Significant Disability means an individual:- who has one or more physical or mental disabilities determined by an assessment of eligibility and vocational rehabilitation needs to cause substantial functional limitations; and
- who has a physical or mental impairment which seriously limits one or two functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of achieving an employment outcome; and
- whose vocational rehabilitation will require multiple vocational rehabilitation services over an extended period of time.
- who has one or more physical or mental disabilities determined by an assessment of eligibility and vocational rehabilitation needs to cause substantial functional limitations; and
- who has a physical or mental impairment which seriously limits three or more functional capacities (such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills) in terms of an employment outcome; and
- whose vocational rehabilitation will require multiple vocational rehabilitation services over an extended period of time.
- Social Security Disability Insurance (SSDI)
SSDI provides benefits to disabled or blind individuals who are “insured” by workers’ contributions to the Social Security trust fund. These contributions are the Federal Insurance Contributions Act (FICA) social security tax paid on their earnings or those of their spouses or parents. Title II of the Social Security Act authorizes SSDI benefits. - Special Transportation
Special transportation services are those provided to consumers whose functional limitations are so severe as to preclude the use of public transportation. Special transportation may be provided by ambulette, facility vehicle, taxicab or other specialized vehicles. - Strengths
Strengths is one of the primary employment factors. Strengths include the individual’s positive attributes or inherent expertise related to an employment field such as intellectual aptitude, motivation, talents, work and volunteer experience, work skills, work-related hobbies and transferable life skills. - Supplemental Security Income Program (SSI)
SSI makes cash assistance payments to aged, blind and disabled people (including children under age 18) who have limited income and resources. The Federal government funds SSI from general tax revenues. Some States, like New York State, pay benefits to some individuals to supplement their Federal benefits. In New York State, the Social Security Administration combines the state supplementary payment with the Federal payment into one monthly check. Title XVI of the Social Security Act authorizes SSI benefits - Ticket to Work Program
Most working age individuals with disabilities who receive benefits from the Social Security Administration are eligible to participate in an initiative from the Social Security Administration called the Ticket to Work and Self-Sufficiency Program. The “Ticket to Work Program” allows SSDI and SSI beneficiaries to seek the employment services, vocational rehabilitation services and other support services needed to obtain, regain or maintain employment and reduce their dependence on cash benefit programs. - Transitional Employment Program (TEP) Models
Transitional Employment Programs are for individuals with severe psychiatric disabilities. TEP provides a series of time limited positions in integrated settings as an integral part of the consumer’s rehabilitation program. Ongoing support services, including sequential job placement, continue until job permanency is achieved. VESID’s focus is to link individuals to TEP services and to maintain their participation in TEP until transition to long term support is achieved.
Participants in TEP Programs are guaranteed access to the TE jobs and typically hold a series of such placements before obtaining the confidence, interpersonal skills, and job references needed to secure and maintain independent employment – a job of choice relevant to one’s educational background and job skills. Failure on transitional employment is considered part of the restoration process and individuals are actively encouraged to try again as soon as they are ready. The individual’s need for orientation and training and the employer’s need for training of new participants are met by program staff who learn the job before the consumer is placed, train each new worker at the job site, arrange coverage should the worker be absent, and are continually available to both the worker and the employer should any difficulty arise. Support services are ongoing in nature and are maintained even after independent employment is achieved. Maintaining such supports provides the individual with immediate access to the rehabilitation program and TE, should there be a recurrence of severe psychiatric symptomatology. - Transition Services Goal
The goal of transition services is not simply a referral to VESID, but rather post-secondary education, adult education and training, adult services, independent living, community participation, a specific job or career, and/or integrated community living. - Vocational Assessment
Vocational assessment is an ongoing process involving the systematic collection of information about a student’s vocational aptitudes, abilities, expressed interests and occupational awareness. - Work Goal
The work goal is the profession or occupation that the individual is expected to achieve. The goal should be as specific as possible. In the case of Supported Employment, the goal will read: Supported Employment: [Title of Specific Profession or Occupation]. - Work Skills
Work skills means the ability to demonstrate specific tasks and work-related behaviors, to carry out job functions as well as the capacity to benefit from training necessary to obtain and maintain appropriate employment. - Work Tolerance
Work tolerance is defined as a person’t capacity to meet the demands of the work place regardless of the work skills already possessed by the individual. Limitations may be due to physical disability, stamina/fatigue, effects of medication, or psychological factors.