One result of the Section 107 monitoring review currently being conducted by Rehabilitation Services Administration (RSA) of RSB’s operations was an identification that we have not sufficiently defined what we consider competitive and integrated employme

September 9, 2005

MEMORANDUM FOR ADMINISTRATIVE STAFF, DISTRICT SUPERVISORS AND REHABILITATION COUNSELORS

FROM: Michael Fester, Deputy Director

SUBJECT: Definition of Competitive/Integrated Employment

One result of the Section 107 monitoring review currently being conducted by Rehabilitation Services Administration (RSA) of RSB’s operations was an identification that we have not sufficiently defined what we consider competitive and integrated employment to look like. The definitions that existed were primarily expressed in our policy regarding the placement of RSB consumers in extended (sheltered) employment, and were very heavily reliant upon classifying employment in certain locations as extended, while all other employment was considered as competitive and integrated. This violates the letter of the regulations implementing the 1998 Amendments to the Rehabilitation Act, which calls for the nature of every employment closure to be determined on a case-by-case basis.

A careful review of the language of the Amendments, along with other guidance from RSA, has led us to the conclusion that our policy must consider the competitive and integrated nature of all competitive employment closures achieved by RSB consumers. Just because a consumer goes to work at a Wal-Mart does not automatically mean that their employment is competitive in nature; similarly, a consumer who goes to work at an NIB facility is not automatically in extended employment. The following definitions give you some guidance to apply to competitive employment closures to ensure that their employment is truly competitive and integrated. You will be expected to document the reasons you consider the employment to be competitive and integrated in each case record at closure (see example).

EXAMPLE

Shirley X. is paid $8.35 per hour and her pay, medical, vacation and retirement benefits are the same as all new employees at WYZ Industries. Shirley works in an environment where she interacts with non-disabled individuals to the same extent as a non-disabled person performing similar work at ABC Inc.

Please review the following definitions of competitive and integrated employment carefully and apply them to your consumer’s cases effective immediately. Remember that you must make the decision based on the consumer’s pay, benefits and work environment, not on the employer. If you have any questions about the application of this policy, please contact Mark Laird at (417) 895-6385.

RSB Definition of Competitive-Integrated Employment

Competitive-Integrated Employment Means:

1. The consumer must earn at least minimum wage, as defined by the Fair Labor Standards Act, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by non-disabled workers.

2. An integrated setting for purposes of a job placement is one in which an applicant or eligible individual interacts with non-disabled persons, excluding service providers, to the same extent that a non-disabled worker in a comparable position typically found in the community interacts with others.

3. Interaction between individuals with disabilities and the general public need not be face to face in order to meet the standard. Self-employed, home based employees and telecommuters may interact regularly with the public through a variety of media, including telephone, facsimile and computer.

4. There is no set ratio of people with disabilities to non-disabled workers in the workforce that would by definition constitute an integrated work setting. Level of pay and benefits, while they are often measures of quality and consumer choice, do not determine whether a workplace meets the criteria for an integrated setting. Employment with any one employer does not automatically categorize that employment as either extended or competitive-integrated.

5. Determination as to whether any job meets the regulatory definition of competitive-integrated employment, and therefore qualifies as an “employment outcome” for purposes of the VR program, must be made on a case-by-case basis. The specific environment that a consumer is expected to work in must be evaluated by the counselor to ensure that the prospective employment meets the standards expressed in paragraphs 1 through 3 above. The counselor makes the determination of whether the employment meets the criteria as an employment outcome in a competitive-integrated setting.

6. The case record must contain narrative documentation to verify that the consumer is compensated at or above the minimum wage rate but not less than the customary wage and level of benefits provided by the same employer to non-disabled workers who perform the same or similar work and that the work setting/job placement meets the requirement of integrated.