Guam § 41210 - Employment of Individuals with Severe Disabilities.

§ 41210. Employment of Individuals with Severe Disabilities.

(a) Departments and agencies of the government of Guam

shall adopt departmental rules and regulations for the hiring of

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individuals with severe disabilities. Such rules shall include the

granting of preference credits allowed under 4 GCA § 4104.

(1) Eligibility Procedures. An individual with severe

disability as defined in the Rehabilitation Act to mean an

individual with severe physical or mental impairment whose

ability to function independently in the family or community

or whose ability to obtain, maintain or advance in employment

is substantially limited and for whom the delivery of

independent living services will improve the ability to

function, continue functioning, or move towards functioning

independently in the family or community or to continue in

employment, respectively. He/she is considered to meet the

two percent (2%) employment program eligibility criteria

when an appropriate certification is received from a counselor

from the Division of Vocational Rehabilitation (‘DVR’). This

certification will be based on knowledge of the jobsite by the

counselor and will relate to a specific position. The

certification must state that in the counselor’s judgment the

proposed applicant for the position has the ability to perform

the duties of the position with or without assistive technology

devices and is capable to perform the work without possible

injury to himself/herself or to others.

(2) The Certification must be supported by a report of a

medical examination that fully reflects the nature and extent of

the disability and a narrative statement from a Guam-licensed

medical provider that documents:

(A) ability of the proposed applicant to do the job,

based on the recommended need for a job coach;

(B) recommendations of job modifications, if

needed;

(C) recommendations for work-site modifications, if

needed;

(D) limitations of the proposed applicant which

would affect work in the job situation (modified work

schedules, flexible leave policies, acquisition or

modification of equipment and/or devices);

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(E) other information concerning the proposed

applicant which would be helpful in assuring a successful

placement.

(b) Government of Guam departments and/or agencies shall

employ at least two percent (2%) of the workforce with severe

disabilities, meeting the criteria as defined by local or Federal

agencies and certified by a counselor from the Division of

Vocational Rehabilitation ('DVR'). Government of Guam

departments and/or agencies may meet such requirement through

direct employment, or by contract with non-profit organizations

employing individuals with disabilities.

Non-profit organizations contracted under this Provision shall

be required to have the contracted services performed by

individuals with disabilities who meet the criteria contained herein.

Such employment shall be on a temporary, limited-term

employment not to exceed six (6) months. The immediate

supervisor shall complete an evaluation of the individual's

performance, and if the immediate supervisor, with the concurrence

of the appointing authority, determines that the individual has

performed satisfactorily either prior to or after the expiration of the

six (6) month period, the position occupied by the individual shall

be converted to permanent employment.

If the evaluation recommends that the individual may require

an extension of the employment program, the immediate supervisor

and the counselor at DVR shall develop a revised Individual Work

Rehabilitation Plan ('IWRP') to assure successful placement not to

exceed an additional six (6) months, which may include

consideration of a department or agency acquisition, or

modification of assistive technology devices or services, or

placement to other positions in another agency/department within

the government of Guam. DVR shall provide a work coach to

assist the department and/or agency when necessary. DVR shall be

responsible to monitor compliance by the departments and/or

agencies.

(c) Government of Guam departments and/or agencies shall

consult with the Administrator of the Division of Vocational

Rehabilitation to advise them of which individuals with severe

disabilities meet the eligibility criteria. The Division of Vocational

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Rehabilitation shall maintain a listing of those individuals and their

capabilities for reference by the department and/or agency. For the

government of Guam departments and/or agencies who meet the

requirement by contract with non-profit organizations, the Division

of Vocational Rehabilitation must first certify that such non-profit

organizations employing individuals with disabilities meet the

eligibility criteria herein.

(d) Government of Guam departments and/or agencies cannot

use standards, criteria or other methods of administration have the

effect of discrimination on the basis of disability, may not use

employment tests or other selection criteria that tend to screen out

individuals with disabilities unless the test is related to the job and

consistent with government needs, must select and administer

employment to individuals with severe disabilities so that they

accurately reflect the skills, aptitude and other features they purport

to measure.

(e) Government of Guam departments and/or agencies should

provide reasonable accommodations to an individual with severe

disabilities:

(1) making existing facilities used by employees readily

accessible to persons with disabilities; and

(2) job restructuring; flexible work schedules; acquisition

or modifications of equipment or devices; modification of

examinations; training materials or policies; and similar

accommodations for individuals with severe disabilities.

(f) Provisions of this Section shall only apply to all new

applicants certified under the two percent (2%) employment

program and those individuals presently participating in of the

seven hundred (700) hour program upon enactment of this Act.