What are American Job Centers?

American Job Centers (AJCs) bring together local employment and training services under one roof to serve people with and without disabilities, including people living with HIV/AIDS. AJCs are locally organized and often have local names, for example, CTWorks, Workforce One, RochesterWorks!, Oakland Private Industry Council, Inc., etc.

There are thousands of AJCs across the country and their services are available to the entire community. AJCs employ staff that help job seekers prepare for employment and connect with employers. They also help businesses with recruiting job candidates, or training and retaining employees. They are funded by the U.S. Department of Labor’s Employment and Training Administration and are overseen by regional Workforce Investment Boards, comprised of members appointed by regional local officials. It is important to note that every community across the nation is linked to a Workforce Investment Board, and half of each Workforce Investment Board’s members must be representatives from private businesses. Other members might include representatives from unions, community colleges and other local organizations.

All of these services are available at no charge to job seekers with and without disabilities. In addition, the Disability Employment Initiative (DEI), which operates in 22 states (as of April 2014), places skilled Disability Resource Coordinators in American Job Centers to improve education, training and employment (including self-employment) opportunities for youth and adults who are unemployed, underemployed and/or receiving Social Security disability benefits.

The Disability Employment Initiative and Disability Resource Coordinators

Disability Employment Initiative (DEI):

• Expands the ability of AJCs to serve people with disabilities, including people living with HIV/AIDS
• Co-sponsored by U.S. Department of Labor’s Employment and Training Administration and Office of Disability Employment Policy (ODEP)
• AJCs have Disability Resource Coordinators (DRCs) with expertise in disability and workforce development.
• Integrated Resource Teams coordinate services and leverage funding across multiple service delivery systems to meet the individual needs of job seekers with disabilities.

Goals:

• Improve coordination and collaboration among employment and training and asset development programs implemented at state and local levels, including the Ticket to Work Program
• Build effective community partnerships that leverage public and private resources to better serve individuals with disabilities and improve employment outcomes

Individuals utilizing AJCs can request individualized assistance from DRCs when they are located on-site. AJCs participating in DEI, as well as many other AJCs, are employment networks, meaning they accept Tickets under the Ticket to Work program. More information on the Ticket to Work program is provided later in this Module. To learn about which states currently offer DEI resources, see the AJC Network Locator in the Resources section.

Taking the Initiative

HIV/AIDS service providers can contact their local AJC administrators or DRCs (where available) to discuss ideas for developing partnerships. Some examples of collaborations include: Reflection Questions:

Have you visited your local American Job Center? Does it have a Disability Resource Coordinator (DRC)? If so, how could you partner with the DRC to better serve your clients?

What barriers might your clients face in accessing AJC services?

How might your organization facilitate access to AJC services for the people that you serve?

• HIV/AIDS service provider staff visiting their local AJC(s) to gain more knowledge about the employment services process and better advise clients, and establishing a referral plan
• Inviting DRC or other AJC staff members to present to the HIV/AIDS service provider’s clients and/or staff to provide an overview of available services
• Coordinating events at the AJC or in the HIV/AIDS service provider’s offices

AIDS Connecticut, for example, collaborated with the DRC at a local AJC, to coordinate a special event at the AJC focused upon connecting PLWHA with employment and training opportunities.

Links to locate your local American Job Center and for other DOL-funded employment and training programs can be found in the Resources section.

What is Vocational Rehabilitation?

Vocational rehabilitation (VR) is the primary system of services and resources that specifically addresses the employment needs of individuals with disabilities. The VR program has a long history, having existed in one form or another since the 1920s. In general, the VR program is administered through a federal and state partnership, with the U.S. Department of Education’s Rehabilitation Services Administration (RSA) contributing 78.7 percent of the total program. funding and each state VR agency contributing a non-federal share equal to 21.3 percent.

Throughout this section we will refer to the Rehabilitation Act of 1973, as amended. This Act was discussed in Module 2 related to workplace discrimination. It is also important to note that this seminal piece of legislation heavily impacted the availability of VR services for individuals with disabilities. Additional information on the Rehabilitation Act of 1973 and the RSA can be found in the Resources section.

Vocational Rehabilitation Services also include a Accommodations & Other Employment Supports—services such as:

• Interpreter services for individuals who are deaf
• Reader services for individuals who are blind
• Rehabilitation technology services and devices
• Physical and mental restoration services
• Transportation related to other VR services, and
• Personal assistance services, including training in managing, supervising and directing personal assistance services, while an individual is receiving VR services

Regarding the first of these criteria, an individual must want to secure an employment outcome as defined by the Rehabilitation Act of 1973, as amended. With respect to an individual with a disability, including PLWHA, qualifying employment outcomes are defined as entering or retaining full-time or, if appropriate, part-time competitive employment, in the integrated labor market, supported employment, or any other type of employment in an integrated setting that is consistent with an individual's strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice. The term "integrated setting" means one typically found in the community where eligible individuals interact with individuals without disabilities other than those who are providing services to those applicants or eligible individuals, to the same extent that individuals without disabilities in comparable positions interact with other persons.

Qualifying Disability

An “individual with a disability” pursuant to the Rehab Act is one who: 1) has a physical or mental impairment that results in a substantial impediment to employment; and 2) can benefit, in terms of an employment outcome, from the provision of VR services.

For reporting purposes, state VR agencies provide the Rehabilitation Services Administration (RSA) with a single primary disability using a four-digit code, and, if a secondary disability exists, a single secondary disability using a four digit code. It is important to note that both one’s primary and secondary disability are defined by combining a two digit impairment code with a two digit code for the cause of said impairment. The primary disability is the infirmity or impairment which is most substantial with regards to impeding one’s ability to work. The secondary disability is an infirmity which contributes to, but is not the primary basis of, one’s impediment to employment.

There are 19 impairments, i.e., blindness (01); other hearing impairments (07); mobility orthopedic/neurological impediments (10); general physical debilitation, i.e., fatigue, weakness or pain (15); other physical impairment not listed above (16); cognitive impediments (17) and psychosocial impediments (18). HIV/AIDS is not classified as one of the impairments.

There are 37 codes for the causes of the respective impairments. HIV/AIDS (22) is listed as one of these causes. Other causes frequently contributing to the same impairment as HIV/AIDS include blood disorders (09), cancer (10), drug abuse or dependence (18), immune deficiencies excluding HIV/AIDS (23), mental illness -not listed elsewhere (24), physical disorders/conditions - not listed elsewhere (30), respiratory disorders other than cystic fibrosis or asthma (32), and cause unknown (00).

Services Based on Impairment

VR service provision focuses upon impairments attributable to an individual’s disability—not the cause of the disability.

• PLWHA who are not experiencing substantial impediment to employment as a result of HIV/AIDS are not eligible for VR services based on their HIV/AIDS status
• Review the list of impairments with the client to confirm eligibility
• The individual may qualify for services based on a different impairment
• Assess all functional limitations the individual may have
• A qualified VR counselor employed by the state agency will determine eligibility for services

Important: If the individual is receiving SSI or SSDI and intend to achieve an employment outcome, then he or she is presumed eligible for VR services without further determination by the VR agency.

The VR service provision focuses upon impairments attributable to an individual’s disability—not the cause of the disability. Accordingly, PLWHA who are not experiencing substantial impediment to employment as a result of HIV/AIDS are not eligible for VR services based on their HIV/AIDS status. However, a HIV/AIDS service provider might offer to review the list of impairments with the client to confirm whether or not the client is eligible for services based on HIV/AIDS.

It may also be helpful to discuss with the individual the possibility of qualifying for services based on a different impairment cause. For example, an offender living with HIV might be eligible for VR services pursuant to a psychosocial impairment attributable to alcohol abuse or an anxiety disorder. Likewise, a chemically dependent individual living with HIV might be eligible for VR services based on a cognitive impairment attributable to drug abuse or dependence. It is critical to assess all functional limitations the individual may have, such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance and work skills.

Once all determinations have been made, it is the responsibility of a qualified VR counselor employed by the state agency to determine whether the particular PLWHA requires VR services to achieve an employment outcome. If the qualified VR counselor makes such a determination, a PLWHA is eligible for services. Importantly, if the individual is receiving SSI or SSDI, then he or she is presumed eligible for VR services without further determination by the VR agency.

Presumed Eligibility

An individual is presumed to be able to benefit from VR services unless the VR agency can demonstrate, through clear and convincing evidence that the individual cannot benefit in terms of achieving an employment outcome due to the severity of his or her disability. The Rehabilitation Act of 1973 and regulations prohibit determining any person with a disability, including PLWHA, ineligible under the VR program based on an assumption, belief, or limited information that the individual is incapable of working in an integrated setting.

When in doubt about a PLWHA’s ability to benefit from VR services, the Rehabilitation Act and regulations require the state VR agency conduct an individualized assessment. This assessment includes trial work experiences in realistic work settings to determine if he/she is capable of working in an integrated setting when provided appropriate VR services or if there is clear and convincing evidence that he/she cannot perform the work.

When determining whether an individual is eligible for VR services, qualified personnel must determine whether the individual has a physical or mental impairment, and whether that impairment constitutes a substantial impediment to achieving an employment outcome. Additionally, a qualified VR counselor employed by the VR agency must determine whether the individual with a disability requires VR services to achieve an employment outcome. Finally, individuals determined eligible for the receipt of SSI and SSDI benefits, and intend to achieve an employment outcome, are presumed eligible for VR services.

Taking the Initiative

Reflection Questions:

Consider the number of your clients receiving vocational rehabilitation services. How might you ensure that all who are interested know that these services exist and have the information they need in order to apply for the services?By partnering with VR agencies, HIV/AIDS providers can enhance the services available to PLWHA. As a first step, a director or manager of an HIV/AIDS service organization might contact the local VR field office administrator for an introductory meeting.

HIV/AIDS service providers might also:

• Request information on how to become eligible to serve as a community rehabilitation program (CRP) for the state VR program
• Offer to provide an in-service presentation on HIV/AIDS and local HIV/AIDS services for VR counselors and administrators
• Identify a staff liaison to the VR agency to establish and develop ongoing communication and cross training
• Invite VR staff to visit the HIV/AIDS service provider’s facility or explore the potential for a Vocational Rehabilitation Counselor (VRC) to give an in-service presentation to staff to describe VR, the services available, eligibility and strategies to work together to best support the employment goals of shared/referred clients
• Have an on-site event for clients featuring a VRC—ideally to occur on a regular basis. This allows clients to talk with a VR service system representative in a familiar environment, which may reduce concerns about stigma, discrimination and confidentiality

These activities support better-informed HIV/AIDS service providers and VR counselors, and better-prepared and supported shared clients. A link to find your local VR agencies can be found in the Resources section.

Using the Ticket to Work Program and Employment Networks

If an individual and an Employment Network (EN) decide to work together, they jointly develop an individual work plan, defining employment goals and the specialized services to be delivered. These services may include training, career counseling, job placement and ongoing support. ENs can be organizations, government agencies, employers, or even individuals. Examples of ENs include: Many American Job Centers, including all of those that participate in the Disability Employment Initiative, state workforce agencies, and Workforce Investment Boards.

SSI/SSDI beneficiaries may also choose to use their ticket to access services provided by a Vocational Rehabilitation (VR) agency (previously discussed in the VR section). If an individual and VR agency decide to work together, they will also jointly develop a plan for achieving identified work goals. VR agencies typically provide more significant training and rehabilitation services than ENs; thus, when someone needs ongoing support after VR agency support ends, he or she may be able to continue to work with an EN. Through a program called Partnership Plus, a beneficiary may also receive services from a VR agency and then an EN under the Ticket to Work program.

A link to find your local ENs and additional information about ENs can be found in the Resources section.

Taking the Initiative

Reflection Question

Has your organization considered becoming an Employment Network? How might doing so support your mission and goals?HIV/AIDS service providers seeking to understand available local resources to meet their clients’ vocational services needs should learn about and connect with local ENs in order to make appropriate referrals.

HIV/AIDS service providers with employment programs can also explore the possibility of becoming ENs themselves. This is one way to leverage existing resources to sustain employment services for individuals with disabilities. The Social Security Administration offers several resources to help service providers considering becoming ENs get started (see the Resources section for additional information).

What is the Work Incentive Planning and Assistance (WIPA) Program?

Many people with disabilities fear losing federal benefits if they enter or return to employment. With careful planning, many people can work, continue to receive benefits, and keep their publicly funded health insurance. Partnering with specialists on the impact of work on benefits can help clients with HIV/AIDS considering work get accurate information about these complex issues.

Partnering with specialists on the impact of work on benefits can help ensure clients with HIV/AIDS considering work get accurate information about these complex issues as they relate to their individual situations and circumstances.

The Social Security Administration’s Work Incentives Planning and Assistance (WIPA) program provides exactly this type of assistance to SSDI/SSI beneficiaries through local organizations and agencies in communities throughout the country. Each WIPA location is staffed with benefits specialists, called Community Work Incentive Coordinators (CWIC), who can answer individual questions about the SSI/SSDI work incentives and benefits planning. They can also provide information about job placement and career development, reflecting the WIPA program’s ultimate goal to support the successful employment of SSI/SSDI beneficiaries with disabilities.

A link to additional information about the WIPA program can be found in the Resources section of this module.

Taking the Initiative

Reflection Questions:

Have you ever had a client tell you that he or she wanted to work but was afraid of losing benefits? How did you respond?

What are some things you can do to ensure that all clients are aware that benefits counseling is an available service?Community partnerships are a key priority of the WIPA program. HIV/AIDS service providers can share information about the local WIPA sites with clients and invite the local WIPA grantee to present trainings on available services and work incentives for clients and/or staff. This provides an opportunity to discuss best practices for linkage and referral.

Sometimes, the CWICs may meet with clients at an HIV/AIDS service providers’ site. This may support clients who are apprehensive about accessing new services, meeting with unfamiliar professionals, or traveling to new locations. Clients may also request the support of a trusted case manager/staff member in preparing for benefits counseling sessions (e.g., drafting questions, organizing documents and information, or even sitting in on a session to help them take notes, manage language or literacy challenges, and ensure that they understand their options).

Taking the Initiative

Reflection Questions:

In your community, which organizations offer job training, workforce development, and vocational services?

Are your clients currently accessing these services?

What can you do to facilitate this process? By partnering with Community-Based Organizations, HIV/AIDS service providers can enhance the services available to PLWHA. To begin to cultivate these relationships, an HIV/AIDS service provider might:

• Reach out directly to organizations that offer programs that could benefit your clients and/or whose clients could benefit from your services, and request introductory meetings to explore opportunities for collaboration
• Offer to provide an in-service presentation on HIV/AIDS and local HIV/AIDS services for community based organizations
• Invite staff members from particular organizations to visit the HIV/AIDS service provider’s facility and deliver a presentation for staff and/or clients regarding their services, or
• Take part in events organized by local workforce development and job training industry groups, and consider joining one of those groups.

Taking the Initiative

Employers are frequently overlooked as potential partners in a community’s response to HIV/AIDS. However, by actively reaching out to them, HIV/AIDS service providers can reap significant benefits. For instance, HIV/AIDS service providers might:

• Partner with specific employers to facilitate mentoring and internship opportunities for their clients
• Meet with employers to learn about current and projected hiring trends to better assist clients in making informed decisions about education and training options
• Encourage companies to participate in awareness-raising and fundraising activities, or
• Educate employers about strategies for fostering a disability-inclusive corporate culture and even specific HIV/AIDS initiatives undertaken by employers