Page 8 - 2002 3rd Quarter - SHRM Emerald Coast Chapter Newsletter

Page 8

History of National Disability Employment Awareness Month
Public Law 176, enacted by Congress in 1945, designated the first week in October as "National Employ the Physically Handicapped Week." In 1962, the word "physically" was removed from the week's name to recognize the employment needs of all Americans with disabilities. Congress, in 1988, expanded the week to a month and changed its name to "National Disability Employment Awareness Month." October has evolved as the kick-off month for year-round programs that highlight the abilities and skills of Americans with disabilities.

The Theme for NDEAM 2002 is New Freedom for the 21st Century.

THEME BACKGROUND
During the last 30 years laws were passed to break through many of the barriers that have kept people with disabilities out of the mainstream. The challenge for the 21st century is to build on what has been accomplished and create opportunities for persons with disabilities to be fully integrated into the workplace.

Too many Americans with disabilities remain trapped in bureaucracies of dependence, denied the tools they need to fully access their communities and the workplace. The unemployment rate for Americans with disabilities is much greater than that of the general workforce. President Bush is committed to tearing down the remaining barriers to equality that face Americans with disabilities. The programs carried out under his New Freedom Initiative will increase access to assistive technologies, expand educational opportunities and increase the ability of Americans with disabilities to integrate into the workforce.

As never before, American employers are seeking a skilled, dedicated workforce to cement the employers’ leadership role in the ever expanding and changing global economy. The New Freedom Initiative will assist the business community in harnessing the skills and talents of Americans with disabilities for their workforce.

Working together, government, employers, labor unions, service providers, educators and persons with disabilities will create New Freedom for the 21st century and see the final wall inhibiting full integration of persons with disabilities come tumbling down.

(Continued from page 7 - Maintenance of Personnel Files & Records)

Safety Training records- OSHA may audit companies' training records; keeping this information separate will protect the employer from an auditor pursuing and investigating other information in the personnel file.

Department of Defense and Procurement Integrity Act (DOD/PIA)- This information may be required by federal contractors prior to offers of employment. Review 41 USC Section 423 and DFARS 223.75, 252.223-7500 for information on applicability.

General Guidelines for Accessing Files
WHO MAY HAVE ACCESS
Personnel · Employee · Supervisors with a need to know · Former employee · Human Resources Medical/Confidential · Human Resources · Supervisors as needed for reasonable accommodation · Government/legal agencies conducting investigation relevant to medical issues Payroll · Payroll staff · Human Resources · Auditing/investigating agenciesI-9 · Human resources · Auditing/investigating agencies

Conclusion
Many states have laws that parallel the federal statutes. Also, many states have laws regulating employee access to their personnel files. It is important that you are aware of these state laws. The above records contain information that is very confidential and/or sensitive and should be handled very carefully.

Our responses come from the HR Comply Employment Libraries or Professional Series and are not offered for the purpose of providing any particular legal advice in any form or manner. All material is copyrighted.