Review:

Following are key points in our review of the current effort [see Attachment I for more details].

Despite the efforts of the SPB, support of the annual Disability Employment Awareness Month [October] observances and proclamations, intent of the California Workforce Inclusion Act [AB 925 of 2002], the spirit and intent of the Americans With Disabilities Act [ADA], California State Government achieved only 68 percent of the disability employment goal in effect from 1996 to 2004 and, so far, only 52 percent of the employment goal in effect from 2004 to the present.

Fifteen of 17 departments that employ nearly two-thirds of all State employees have achieved only 30 to 60 percent of the disability parity rate.

PWDs are employed in all 14 of the State's occupational groups, but are also below parity [16.6 percent] in all of them [and above 9.0 percent in just five of them]. Departments are not required to achieve parity across all occupational groups.

For the four fiscal years, FY2003 through FY2006, PWDs received fewer than their fair share of promotions compared to their proportion of the state work force. And this trend continues for the time period July 1 - Sept. 30, 2007.

State departments are making only minimal use of the Limited Examination and Appointment Process [LEAP], an alternative exam process, as a tool to hire PWDs.

PWDs are often the recipients of a disproportionate share of adverse actions. ACSED is concerned that this may be due to manager's lack of knowledge of the reasonable accommodation process and the lengthy and cumbersome process for securing adaptive equipment and support service assistants.  In addition, PWDs may not know their rights to reasonable accommodations or effective practices for negotiating such accommodations. Conversely PWDs have filed more discrimination complaints against departments than their proportion of the state work force.

Despite being required by State law and a Governor's EO, numerous departments still do not have Disability Advisory Committees [DACs]. And there is great variance in the utilization, management support and access, membership, etc. of DACs from department to department.

While the number of departments required to submit disability employment goals to the SPB declined from 2004 [63] to 2006 [49], the number of departments that did not even submit their required goals to SPB nearly doubled in those two years [from 15 to 26]. Also more departments had a lower disability representation rate in 2006 than in 2005, while fewer departments had a higher disability rate in 2006 than in 2005.

In addition, several other serious issues impact the state's goal of being a model employer:

o  The number of PWDs receiving Upward Mobility Appointments is low.

o  PWDs are treated differently in some fringe benefits, e.g., Long Term Care.

o  The implementation of a work plan to address EO S-4-05, developed by DOR and SPB, has been limited by the required use of existing resources. 

o  The recent changes to the Government Code covering the State's AA/EEO program are not yet fully implemented.

In summary, the above review underscores the need for attention, support and improvements in California State government's disability employment program.