[Senate Hearing 117-388]
[From the U.S. Government Publishing Office]


                                                       S. Hrg. 117-388

                     LESSONS LEARNED FROM COVID	19:
                  HIGHLIGHTING INNOVATIONS, MAXIMIZING
                   INCLUSIVE PRACTICES AND OVERCOMING
                   BARRIERS TO EMPLOYMENT FOR PEOPLE
                           WITH DISABILITIES

=======================================================================

                                HEARING

                                 OF THE

                    COMMITTEE ON HEALTH, EDUCATION,
                          LABOR, AND PENSIONS

                          UNITED STATES SENATE

                    ONE HUNDRED SEVENTEENTH CONGRESS

                             SECOND SESSION

                                   ON

   EXAMINING LESSONS LEARNED FROM COVID-19, FOCUSING ON HIGHLIGHTING 
INNOVATIONS, MAXIMIZING INCLUSIVE PRACTICES, AND OVERCOMING BARRIERS TO 
                EMPLOYMENT FOR PEOPLE WITH DISABILITIES

                               __________

                            FEBRUARY 8, 2022

                               __________

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                                Pensions
                                
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                    U.S. GOVERNMENT PUBLISHING OFFICE                    
048-899 PDF                WASHINGTON : 2023                    
          
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          COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS

                    PATTY MURRAY, Washington, Chair
BERNIE SANDERS (I), Vermont          RICHARD BURR, North Carolina, 
ROBERT P. CASEY, JR., Pennsylvania       Ranking Member
TAMMY BALDWIN, Wisconsin             RAND PAUL, M.D., Kentucky
CHRISTOPHER S. MURPHY, Connecticut   SUSAN M. COLLINS, Maine
TIM KAINE, Virginia                  BILL CASSIDY, M.D., Louisiana
MAGGIE HASSAN, New Hampshire         LISA MURKOWSKI, Alaska
TINA SMITH, Minnesota                MIKE BRAUN, Indiana
JACKY ROSEN, Nevada                  ROGER MARSHALL, M.D., Kansas
BEN RAY LUJAN, New Mexico            TIM SCOTT, South Carolina
JOHN HICKENLOOPER, Colorado          MITT ROMNEY, Utah
                                     TOMMY TUBERVILLE, Alabama
                                     JERRY MORAN, Kansas

                     Evan T. Schatz, Staff Director
               David P. Cleary, Republican Staff Director
                  John Righter, Deputy Staff Director
                           
                           
                           C O N T E N T S

                              ----------                              

                               STATEMENTS

                       TUESDAY, FEBRUARY 8, 2022

                                                                   Page

                           Committee Members

Murray, Hon. Patty, Chair, Committee on Health, Education, Labor, 
  and Pensions, Opening statement................................     1
Burr, Hon. Richard, Ranking Member, a U.S. Senator from the State 
  of North Carolina, Opening statement...........................     3

                               Witnesses

Schur, Lisa, Professor, Labor Studies and Employment Relations at 
  Rutgers University Director, Program for Disability Research, 
  New Brunswick, NJ..............................................     6
    Prepared statement...........................................     8
    Summary statement............................................    14
Lay-Flurrie, Jenny, Chief Accessibility Officer, Microsoft, 
  Redmond, WA....................................................    15
    Prepared statement...........................................    16
    Summary statement............................................    22
Kineavy, Francis A., Disability Advocate, Sea Girt, NJ...........    22
    Prepared statement...........................................    24
Dennis, Brian, Workforce Program Coordinator, Disability 
  Services, Iowa Workforce Development, Des Moines, IA...........    25
    Prepared statement...........................................    27
    Summary statement............................................    29

                          ADDITIONAL MATERIAL

Statements, articles, publications, letters, etc.
    National Developmental Disability Network for Programs.......    48
    National Disability Rights Network (NDRN), Prepared Statement    54

 
                     LESSONS LEARNED FROM COVID-19:
                  HIGHLIGHTING INNOVATIONS, MAXIMIZING
                   INCLUSIVE PRACTICES AND OVERCOMING
                   BARRIERS TO EMPLOYMENT FOR PEOPLE
                           WITH DISABILITIES

                              ----------                              


                       Tuesday, February 8, 2022

                                       U.S. Senate,
       Committee on Health, Education, Labor, and Pensions,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:03 a.m., in 
room 216, Hart Senate Office Building, Hon. Patty Murray, 
Chairman of the Committee, presiding.
    Present: Senators Murray [presiding], Casey, Murphy, Kaine, 
Hassan, Smith, Rosen, Burr, Braun, Marshall, and Scott.

                  OPENING STATEMENT OF SENATOR MURRAY

    The Chair. Good morning. The Senate Health, Education, 
Labor and Pensions Committee will please come to order.
    Today, we are holding a hearing on employment opportunities 
and challenges for people with disabilities. I will have an 
opening statement, followed by Senator Burr. We will then 
introduce our witnesses. After the witnesses give their 
testimony, senators will each have 5 minutes for a round of 
questions.
    While we were unable to have this hearing fully open to the 
public or media for in-person attendance, live video is 
available on our Committee website at help.senate.gov. The live 
stream will include closed captioning, and we also have ASL 
interpretation. If you are in need of other accommodations, you 
can reach out to our Committee or the Office of Congressional 
Accessibility Services.
    We continue to see a high number of new COVID cases. We are 
having--so we are having this hearing in a larger room where we 
can be socially distanced, limiting the number of people who 
are in this room, accommodating both some of our Committee 
Members and witnesses through video as we have done previously, 
and taking additional measures, such as wearing masks.
    As always, I appreciate the work from the staff of the 
Sergeant at Arms, the Architect of the Capitol, and our 
Committee clerk and his staff to make this hearing as safe as 
possible.
    This pandemic has been hard on workers across the Country. 
They have been worried, they have been sick, they have had to 
care for loved ones who got sick, or find childcare after their 
school closed. They have lost wages, jobs, and opportunities. 
And while we have recently made great progress in our economic 
recovery with unemployment now down to 4 percent, we are far 
from done. Workers are still struggling to get the training, 
education, and support they need to find good paying jobs.
    For workers with disabilities, these challenges have been 
even greater. Some people with disabilities are at even higher 
risk of severe COVID and are overrepresented in essential jobs 
that put them at higher risk of exposure. And in the aftermath 
of this pandemic, workers with disabilities are not just 
grappling with lost wages, job loss, and long-term 
unemployment. They are still facing long-standing barriers to 
joining the workforce, participating in their communities, and 
obtaining economic self-sufficiency; barriers like ableism, 
damaging low and false expectations about what they can 
accomplish, and discrimination in the hiring process.
    In 2020, disability discrimination was the basis for more 
than one-third of all charges filed with the Equal Employment 
Opportunity Commission. Barriers like inaccessible workplaces, 
whether that is the result of a lack of physical accessibility 
or challenges accessing digital information and assistive 
technology, and barriers like unacceptable pay discrimination.
    People with disabilities are paid 87 cents on the dollar 
compared to workers without disabilities, and that is not even 
accounting for workers who are paid subminimum wages. These 
barriers add up to a devastating effect. The poverty rate for 
people with disabilities is a whopping 26 percent. That is 
unacceptable.
    The challenges that make it hard for people with 
disabilities to participate in the workforce are not just a 
problem for them; they are bad for working families, bad for 
our communities, and even bad for businesses.
    At the same time, our economy is growing, and demand for 
workers is high. There are millions of working-age people in 
our Country who have a disability and want to participate in 
our economy, be financially independent, and get a good job, 
but almost half of them report facing a barrier to employment.
    By embracing inclusive practices and improving 
accessibility, businesses can increase their talent pool by 
more than 10 million people. What is more, employing people 
with disabilities has been shown to reduce turnover and 
increase productivity.
    What is promising is that during this pandemic, we have 
seen a widespread use of inclusive practices that can make work 
more accessible. And recently, there has been a steady rise in 
the employment rate for people with disabilities. Great news. 
So, we need to act on the lessons of this pandemic if we want 
to ensure that recent progress is a foundation for lasting 
change.
    This pandemic has shown how innovative practices can boost 
accessibility in our workforce programs and in businesses 
across the Country. Flexible scheduling has helped workers with 
disabilities and chronic illnesses adjust their work hours in 
order to take care of their needs. Remote options have helped 
address challenges with accessibility, helped workers who might 
struggle to commute, and made technology like closed captioning 
for video meetings more common.
    Accommodations like flexible scheduling, alternate work 
arrangements, and telework are some of the most requested. And 
according to a recent survey of employers, most accommodations 
cost nothing to provide.
    This is progress we should be building on, and where we 
have a history of bipartisanship. My friend, the late Senator 
Johnny Isakson, cared deeply about these issues. I was proud to 
work with him on this Committee to support people with 
disabilities through legislation like the Workforce Innovation 
and Opportunity Act, and the spirit of bipartisanship he 
brought to those issues remains.
    I know that Senator Hassan, Senator Casey, Senator Cassidy, 
Senator Collins, and many others remain committed to this work, 
as is shown by this Committee's bipartisan vote last year to 
advance legislation reauthorizing the Assistive Technology Act, 
which will help increase access to wheelchair ramps, screen 
readers, hearing aids, and other assistive technologies that 
help people live fully in their communities, and access, 
obtain, and maintain employment.
    I continue to work with my colleagues to get this 
legislation passed into law, and I hope we can work in a 
similar bipartisan way on challenges like ending wage 
discrimination and workplace segregation for workers with 
disabilities; and providing them with the training and support 
they need to succeed in competitive, integrated employment.
    Ernesto, he is a worker with a disability from my home 
State of Washington, shared with me last year how this kind of 
support made such a difference in his life. In August, he 
enrolled in the Basic Food Employment & Training Program. And 
with the new skills he gained through that program, he quickly 
managed to get not just one job offer, but two. And Ernesto's 
experience is just one example of how these programs help 
people with disabilities get competitive, integrated job 
opportunities, gain financial independence, and participate 
more fully in our communities.
    There are many more people in Washington State and across 
the Country who care about this. Right now, one in four 
Americans have a disability, and more and more workers are 
identifying as having a disability due to long COVID. It should 
be obvious that we cannot build back stronger and fairer and 
more accessible if we leave over a quarter of our Nation 
behind. We must do everything we can to include everyone we can 
in our Country's future instead of returning to a normal that 
did not work for so many people in the first place.
    I look forward to hearing from all of our witnesses today 
about how we do that. And with that, let me turn it over to 
Senator Burr for his opening remarks.

                   OPENING STATEMENT OF SENATOR BURR

    Senator Burr. Well, thank you, Madam Chairman, and thank 
you for working with me to schedule this hearing. I think the 
good news today is that the Omicron surge is declining as 
quickly as it went up, and I think that is good for everybody 
in this Country.
    Today, we are here to discuss employment for people with 
disabilities. This is always an important topic because--
especially so during the uncertain times that we face due to 
the pandemic.
    I do not know about you, but I am happy to be at work 
today. Having a job is about more than a paycheck. Having a job 
is about participating in society, maintaining independence, 
and building a sense of purpose. Today, there are 10.9 million 
job openings in America. Our total unemployment rate is 4 
percent.
    But, for workers with disabilities, the numbers look very 
different. Unemployment rates for people with disabilities have 
been historically high. Despite improvements last year, the 
unemployment rate for people with disabilities is nearly double 
that of the rest of the population.
    Further, according to the Bureau of Labor Statistics, 
across all age groups, people with disabilities are less likely 
to be employed than people with no disability.
    These numbers are troubling. As we focus on getting back to 
work, we have to help employers and individuals understand that 
our communities are better off when we include individuals with 
disabilities in the workforce.
    We also have to think about what it means to be working in 
a pandemic. COVID changed the way we work and transformed the 
economy. Virtual meetings have become somewhat of the norm, and 
access to technology is more important than ever. Looking 
around at all the devices in this room is a great example of 
the importance of technology. We can have everyone at this 
hearing today because of technology. These devices have also 
helped companies transition to remote work where many employees 
perform their job from home.
    The ability to work remotely is one example of an 
accommodation that may make a workplace more inclusive. While 
remote work is a great option for some companies and employees, 
we know it does not work for everyone. The ability to work on 
the job remains a crucial piece of the equation. Employers are 
looking everywhere for people to hire. There are Help Wanted 
signs in storefronts across the Country. I frequently hear from 
businesses in North Carolina about the need for skilled 
workers. These businesses also share with me the innovative 
ways that they are recruiting new talent. Employers are tapping 
into talent pools that they did not even look at in the past.
    What can we do to continue this positive trend? To start, 
Congress needs to make it--does not need to make it harder for 
people to find jobs or for businesses to grow. Our job should 
be to support pathways to employment, not eliminate options. By 
encouraging these pathways to employment, we can open up a 
world of opportunities.
    We need to work with individuals and employers to learn 
more about the solutions that make the most sense. I strongly 
believe in empowering individuals to make decisions about their 
education, job training, when and how they want to work.
    We have to be mindful that not everyone will agree with us 
what any one of us would individually choose to do for work. 
So, we need to build in a culture of respect that allows 
individuals to make decisions that best meet their own 
individual needs; what empowers them to make good decisions; 
what satisfies their personal perspective of meaningful and 
rewarding work.
    The Federal Government can also lead by example. In the 
previous administration, the Office of Federal Contract 
Compliance Programs established voluntary goals for contractors 
to hire individuals with disabilities. These goals have been a 
great success in signifying a partnership between private 
sector contractors and the Federal Government. While this is 
one example, every individual and every job is different. There 
is not going to be a one-size-fits-all answer to the question 
we have today.
    The senators at this hearing have demonstrated the ability 
to come together to solve difficult problems. Senator Casey and 
I worked together on the ABLE Act in 2014 to better support 
individuals with disabilities to plan for their future with 
tax-free savings accounts. As part of that process, we took the 
opportunity to meet with every group on every side of the issue 
to find agreement.
    I think that is how we should handle today's topic, and I 
look forward to speaking with today's panel to see what 
commonsense solutions we can find together.
    Madam Chairman, thank you again for this hearing. Thank you 
to our witnesses for testifying. Your insight will be 
invaluable as we consider ways to better support employment 
opportunities for people with disabilities. I look forward to 
your testimony today.
    I thank the Chair.
    The Chair. Thank you, Senator Burr.
    We will now hear from today's witnesses. Again, I thank all 
of you for joining with us today.
    We will hear from Dr. Lisa Schur. She is a Professor and 
former Chair of the Department of Labor Studies and Employment 
Relations at Rutgers University. She is also a Co-Director of 
the Rutgers' Program for Disability Research, and Co-PI of the 
Employer Disability Practices Center funded by the National 
Institute on Disability, Independent Living and Rehabilitation 
Research. Her research focuses on the economic, political, and 
social inclusion of people with disabilities, particularly 
their employment experiences and outcomes.
    Thank you for joining us today, Dr. Schur. I look forward 
to your testimony.
    Next, we will have Jenny Lay-Flurrie from Redmond, 
Washington. Ms. Lay-Flurrie is the Chief Accessibility Officer 
for Microsoft. The team she leads works on technology that 
tackles challenges, like improving how organizations hire and 
support people with disabilities.
    Ms. Lay-Flurrie also founded the Disability Employee 
Resource Group at Microsoft, and created the Disability Answer 
Desk, which provides specialist customer support to people with 
disabilities, hosts the annual Microsoft Abilities Summit, and 
has been instrumental in projects, such as the Autism Hiring 
Program, Soundscape, and the Microsoft Ability Hackathon.
    Outside of her work at Microsoft, Ms. Lay-Flurrie is on the 
board of Disability: IN, Gallaudet University and Team Gleason.
    Ms. Lay-Flurrie, thank you for joining us today. I am 
always excited to welcome someone here who flew all the way 
across the Country from Washington State.
    Today, we are also joined by Frankie Kineavy, a dedicated 
disability advocate from Sea Girt, New Jersey. He graduated 
from Villanova University in 2014 and is a motivational 
presenter and prominent advocate for disability inclusion. He 
is also founder of Let's Be Frank, a head hunter agency that 
matches workers with disabilities with careers in the sports 
industry.
    Mr. Kineavy, thank you so much for joining us today. I 
really appreciate your work to speak out on such an important 
issue, and I look forward to your testimony today.
    And our final witness today is Brian Dennis from Des 
Moines, Iowa. Mr. Dennis is the Workforce Program Coordinator 
of Disability Services at Iowa Workforce Development. He has 
over two decades of experience in disability and human 
resources, working both at the local and State level, serving 
individuals who face significant barriers to employment. Mr. 
Dennis is a member of the Board of the Brain Injury Alliance of 
Iowa, Iowa APSE, and the Central Iowa Center for Independent 
Living.
    Mr. Dennis has a Bachelor's Degree in Psychology, a 
Master's Degree in Counseling, as well as his Clinical 
Rehabilitation Counselor certification. And, he is also a 
Certified Supplemental Security Income and Social Security 
Disability Insurance benefits planner.
    Mr. Dennis, thank you for joining us today. I look forward 
to hearing from you, as well.
    With that, we will begin with our testimony. Dr. Schur, if 
you can begin, we will go from there. Thank you again for 
joining us.

     STATEMENT OF LISA SCHUR, PROFESSOR, LABOR STUDIES AND 
 EMPLOYMENT RELATIONS AT RUTGERS UNIVERSITY, DIRECTOR, PROGRAM 
           FOR DISABILITY RESEARCH, NEW BRUNSWICK, NJ

    Dr. Schur. Thank you, Senator Murray and Senator Burr, for 
inviting me to speak with the Committee. I am very pleased to 
be here.
    Currently, as Senator Murray said, I am the co-PI of two 5-
year centers focused on disability and employment. Both are 
funded by the National Institute on Disability, Independent 
Living and Rehabilitation Research. One center focuses on 
employer policies, and the other on public policies.
    Let me provide a quick overview of the employment situation 
facing people with disabilities. First, the bad news. 
Employment remains very low among people with disabilities. The 
new employment report issued last Friday shows that among 
working-age people with disabilities, 35 percent of men and 33 
percent of women were employed in January 2022, compared to 76 
percent and 66 percent of men and women without disabilities.
    If you look back over the past 12 years, employment of 
people with disabilities declined from 2009 to 2014, probably 
due to the effects of the great recession. However, from 2014 
to 2019, employment actually grew faster among people with 
disabilities than among people without disabilities. The strong 
labor market undoubtedly played a role. But, there were also 
policy changes that we are investigating, and those include 
health improvements among people with disabilities due to 
expansion of ACA health insurance, better access to long-term 
services and supports, State-level Employment First programs, 
and increased access to Medicaid through Supplemental Security 
Income.
    Then, the pandemic hit all workers hard in 2020, especially 
women with disabilities, but employment recovered more quickly 
of both women and men with disabilities. And, unlike people 
without disabilities, they now have better employment rates 
than they did just before the pandemic recession. This further 
suggests that strong labor markets are particularly beneficial 
for people with disabilities, possibly by increasing the 
willingness of employers to hire them and make accommodations, 
including telework, flexible schedules, and other types of 
flexible arrangements.
    Regarding telework specifically, workers with disabilities 
were more likely to be engaged in telework remotely, yes, 
before the pandemic, but they were left behind in the rapid 
expansion of telework during the pandemic because they were 
less likely to be in the types of jobs that could be done from 
home.
    Despite the devastation of the pandemic, there may be a 
silver lining. It increases employer acceptance of telework and 
causes employers to rethink workplace structures and how jobs 
are done. This may lead to more hiring and accommodations for 
people with disabilities.
    That is a hopeful group, but back to more sobering news. 
People with disabilities face more difficulties in obtaining 
jobs. This is due, in part, to employer reluctance to hire 
them. Field experiments show that employers are less interested 
in qualified job applicants with disabilities, even when their 
resumes are identical to those of applicants without 
disabilities and the disabilities are irrelevant to job 
performance.
    Other employment barriers include low education and 
training levels, extra costs related to transportation, 
assistive technology and other work supports, work 
disincentives from disability income programs, and greater 
social isolation.
    Even people with disabilities who obtain jobs face 
disparities, such as lower pay and benefits on average, higher 
risk of layoff, a greater likelihood of being in contingent and 
precarious jobs, and many also face unwelcoming corporate 
cultures and inflexible workplace policies that are not 
responsive to their needs.
    Employer and public policies can help increase employment 
opportunities. We are working [audio malfunction] in the 
National Organization on Disability and Disability:IN to 
evaluate employer disability policies and practices. I am sure 
the next presenter, Jenny Lay-Flurrie, will provide valuable 
examples for Microsoft.
    Some promising employer policies we are investigating 
include targeted recruitment efforts and inclusive language in 
jobs ads, inclusion of disability and diversity initiatives, 
and disability training for managers and employees.
    Examples of public policies that deserve attention include 
most basically encouraging a strong labor market, which seems 
to especially help workers with disabilities; providing 
additional home-and community-based services funding for 
employment support; helping Federal contractors meet the goal 
of having at least 7 percent of their employees be people with 
disabilities; ensuring access to training and apprenticeships; 
helping people with disabilities move into competitive, 
integrated employment while phasing out Section 14(c) 
subminimum wage certificates; support for financial counseling; 
and other initiatives.
    Again, thank you for the invitation to speak, and I look 
forward to your questions.
    [The prepared statement of Dr. Schur follows:]
                    prepared statement of lisa schur
    Thank you, Senator Murray and Senator Burr, for inviting me to 
speak before this Committee. I am pleased to talk to all of the 
Senators on this Committee, and to share what I know about disability 
and employment. I have researched, written, and taught about disability 
and employment issues for over 20 years.

    Currently I am Co-PI of the Employer Disability Practices Center 
(EDPC) at Rutgers University, which is funded by a 5-year grant from 
the National Institute on Disability, Independent Living, and 
Rehabilitation Research (NIDILRR) of the U.S. Department of Health and 
Human Services. In this center we work with colleagues at Syracuse's 
Burton Blatt Institute, Indiana, and Harvard Universities, and 
companies that are members of the National Organization on Disability 
(NOD) and Disability:IN, to conduct and disseminate rigorous research 
on employer policies and practices that facilitate employment for 
people with disabilities. I am also a Co-PI of the Disability Inclusive 
Employment Policy (DIEP) Center funded by a 5-year grant from NIDILRR 
and based at Syracuse University's Burton Blatt Institute with partners 
at Harvard and Rutgers. This center is focused on how public policies 
affect employment opportunities for people with disabilities.

    I was asked to provide an overview of the barriers and challenges 
to employment faced by people with disabilities, as well as the 
challenges going forward in the wake of the pandemic, and what policies 
and practices may hold promise for increasing employment opportunities 
for people with disabilities. I have structured my testimony by 
providing summary comments in bold followed by a brief explanation and 
reference to research findings.
  1. Employment continues to remain very low among working-age people 
       with disabilities compared to those without disabilities.
    First the bad news: the employment report released last Friday, 
February 4, 2022, showed that among people of working age (16-64), 34.9 
percent of men with disabilities and 32.8 percent of women with 
disabilities, were employed in January 2022. These levels are less than 
half the employment rates of men and women without disabilities (75.6 
percent and 65.5 percent respectively). \1\ The large disability gaps 
are consistent with results from leading data sources on this topic.
---------------------------------------------------------------------------
    \1\  Table A-6. Employment status of the civilian population by 
sex, age, and disability status, not seasonallyadjusted--2022 M01 
Results (bls.gov), accessed 2-4-22.
---------------------------------------------------------------------------
    The low employment numbers do not reflect a lack of interest in 
employment among people with disabilities, since their unemployment 
rate--representing those actively looking for work or awaiting recall 
from layoff--was twice that of those without disabilities (11.4 percent 
and 7.9 percent for men and women with disabilities respectively, 
compared to 4.5 percent and 4.0 percent among those without 
disabilities).

    Due in large part to lower employment and earnings, working-age 
people with disabilities are more than twice as likely to live in 
poverty as those without disabilities (24.4 percent compared to 9.7 
percent). \2\ The low employment levels also have important social and 
psychological effects by limiting social contact, feelings of efficacy, 
and civic and political engagement (Schur et al. 2013).
---------------------------------------------------------------------------
    \2\  Calculated using microdata from the Census Bureau's 2020 
American Community Survey data.
---------------------------------------------------------------------------
 2. Employment of people with disabilities declined for several years 
  following the Great Recession of 2008-2010, but there was progress 
 starting in 2014 up to the pandemic, and during the pandemic recovery.

    As shown in Figure 1, the employment rate of people with 
disabilities declined from 2009 to 2014, while the rates for men and 
women without disabilities remained stable or increased. \3\ A critical 
factor in this decline was the 2008-2010 ``Great Recession'' which led 
to a substantial increase in Social Security Disability Insurance 
(SSDI) applications and enrollment through 2012 (Maestas et al. 2021). 
(SSDI is recognized as having disincentive effects for regaining 
employment for some people with disabilities, as reviewed below).
---------------------------------------------------------------------------
    \3\  The annual averages were generated from Table A-6. Employment 
status of the civilian population bysex, age, and disability status, 
not seasonally adjusted (bls.gov) on 2-4-22. The U.S. Bureau ofLabor 
Statistics (BLS) began collecting disability data using consistent 
measures in June 2008.


    From 2014 to 2019, however, employment increased faster for both 
men and women with disabilities than for those without disabilities. 
This increase is not yet well researched. But the trend likely is due 
to strong labor demand during this period--well recognized as having 
especially beneficial effects for members of historically disadvantaged 
groups (Cherry and Rodgers 2000)--and to policy changes. In our DIEP 
center, Dr. Nicole Maestas and her team at Harvard are investigating 
---------------------------------------------------------------------------
the possible role of several related policy changes:

          1. expansion of ACA health insurance creating health 
        improvements among people with disabilities, especially among 
        people with mental health diagnoses;

          2. improvements in state policies regarding access to long-
        term services and supports;

          3. ``Employment First'' programs by state vocational 
        rehabilitation policies; and

          4. changes in state-level policies on access to Medicaid 
        through Supplemental Security Income (SSI).

    However, the progress was wiped out by the onset of the COVID 
pandemic in 2020. Looking more closely at monthly employment changes 
during the pandemic, Figure 2 shows that the employment rate of women 
with disabilities dropped more than that of women without disabilities, 
while the drops were equivalent for men with and without disabilities. 
The initial declines were especially large for Black and Latinx women 
with disabilities, and Latinx men with disabilities (Schur et al. 
2022). By January 2022, however, men and women with disabilities were 
more likely to be employed than before the pandemic, while those 
without disabilities were no more likely to be employed than before the 
pandemic.




    While thorough analysis has not yet been completed, the increase in 
employment among people with disabilities, over the 2014-2019 period 
and during the pandemic recovery, strongly suggest two complementary 
interpretations:

          1. Strong labor markets are especially good for people with 
        disabilities, helping overcome employer reluctance to hire them 
        (as reviewed below), and

          2. Employers may be increasingly willing to make workplace 
        accommodations for employees with disabilities, including 
        provisions for telework and other more flexible arrangements 
        that can particularly benefit workers with disabilities (Schur 
        et al. 2020).
3. The increase in telework was smaller among workers with disabilities 
during the pandemic, but the pandemic may have a ``silver lining'' for 
  people with disabilities over time from increased opportunities for 
                 telework and workplace restructuring.
    Telework can benefit many workers with disabilities who find it 
difficult or costly to commute, or who require extra job flexibility. 
Before the pandemic, workers with disabilities were more likely than 
those without disabilities to work from home (Schur et al. 2020). This 
is even though workers with disabilities disproportionately tend to be 
in blue-collar and service jobs that cannot be done at home--only 34 
percent of employees with disabilities were in ``teleworkable'' 
occupations before the pandemic, compared to 40 percent of employees 
without disabilities.

    When the full shock of the pandemic hit, workers with disabilities 
were left behind in the rapid expansion of telework, due to their 
underrepresentation in teleworkable jobs (Kruse et al. 2022). This is 
illustrated below in an analysis of Bureau of Labor Statistics (BLS) 
data on the percent of workers who did work at home due to the 
pandemic, using questions asked on the monthly employment survey 
starting in May 2020. \4\ Figure 3 shows pandemic-related telework was 
initially lower among workers with disabilities. As the pandemic 
progressed, however, the rates of pandemic-related telework have 
converged and the disability gap has closed.
---------------------------------------------------------------------------
    \4\  Based on analysis of microdata from the Current Population 
Survey.



    Despite current similar rates of pandemic-related telework between 
people with and without disabilities, whether an occupation is 
teleworkable is an important factor in job growth among workers with 
disabilities. Dr. Maestas finds that the recent employment gains among 
people with disabilities, shown in Figure 2, were especially strong in 
---------------------------------------------------------------------------
occupations that are teleworkable (Ne'eman and Maestas 2022).

    The pandemic may ultimately have a ``silver lining'' for people 
with disabilities if it causes employers to be more accepting of 
working from home, and to rethink the structure of workplaces in a way 
that increases other types of accommodations (Kurtzberg & Ameri, in 
press). Telework, however, is not a panacea: people with disabilities 
appear to be paid less when teleworking, and may run the risk of being 
``out of sight, out of mind'' in receiving fair pay, workplace 
accommodations, and equal opportunities for promotions (Schur et al. 
2020). \5\
---------------------------------------------------------------------------
    \5\  Some types of jobs, however, will never become teleworkable, 
including many blue-collar and servicejobs that are disproportionately 
held by people with disabilities. This places a limit on the potential 
ofpeople with disabilities to benefit from telework unless they can 
obtain the skills, training, andopportunities to move into new 
occupations.
---------------------------------------------------------------------------
 4. People with disabilities face more difficulties in obtaining jobs.
    The challenges faced by people with disabilities in finding jobs 
include personal, employer, labor market, and social factors. These 
include:

          Employer discrimination and reluctance to hire: Field 
        experiments based on applications to actual job openings show 
        that employers are significantly less likely to express 
        interest in qualified job applicants with disabilities even 
        when their resumes are identical to those of applicants without 
        disabilities, and the disabilities are irrelevant to job 
        performance (Ameri et al. 2018, Baert 2018; Lippens et al 
        2021). The reluctance to hire is particularly high among small 
        employers not covered by the ADA (Ameri et al. 2018).

           While some employers fear the cost of workplace 
        accommodations in hiring workers with disabilities (Kaye et al. 
        2011, Bonaccio et al. 2020, Ameri & Kurtzberg 2022), the large 
        majority of accommodations cost little or nothing, and co-
        workers tend to respond positively when an employee is 
        accommodated (Schartz et al. 2006, Solovieva et al. 2011, Schur 
        et al. 2014). About half of workers who would benefit from 
        accommodations do not receive them (Maestas et al. 2019).

          Low education and training levels: Education is 
        linked to higher employment rates. Only 17.0 percent of people 
        with disabilities age 25-64 had bachelor's or graduate degrees 
        in 2020, compared to 39.1 percent of people without 
        disabilities. \6\ Lower education does not fully account for 
        their low employment levels, as even college graduates with 
        disabilities have significantly lower employment rates than 
        college graduates without disabilities (57 percent compared to 
        84 percent). Training levels also appear low: only 1.5 percent 
        of people in apprenticeship programs were identified with a 
        disability in 2021 (Goodman et al. 2021).
---------------------------------------------------------------------------
    \6\  Calculated using microdata from the Census Bureau's 2020 
American Community Survey data.

          Extra costs of work combined with lack of access to 
        assistive technology and long-term services and supports: Many 
        people with disabilities lack access to accessible 
        transportation to get to jobs (Black 2020), and workers may 
        need assistive technologies, home care, job coaches, or other 
---------------------------------------------------------------------------
        supports to help them engage in productive work.

          Disincentives from disability income programs: 
        Disincentives from the SSDI and Supplemental Security Income 
        (SSI) programs play a role in the low employment of people with 
        disabilities (Bound & Waidmann 2002, Chen & Van der Klaauw 
        2008). These programs are not, however, a factor for the 
        majority of working-age people with disabilities, as less than 
        one-third reported receiving any SSDI or SSI in 2020. In 
        addition, the employment rate continues to be significantly 
        lower among people with disabilities when focusing only on 
        people who do not receive any SSDI or SSI. \7\ Strong labor 
        markets appear to greatly reduce SSDI applications (Maestas et 
        al. 2021), and help explain increasing exit rates from the SSDI 
        and SSI programs over the 2014-2019 period when disability 
        employment was improving as described above (Maestas 2022).
---------------------------------------------------------------------------
    \7\  28 percent of working-age people with disabilities received 
SSDI or SSI in 2020. The employment rateamong those not receiving SSDI 
or SSI was 48.3 percent among people with disabilities and 75.5 percent 
amongpeople without disabilities. Calculated using microdata from the 
Census Bureau's 2020 AmericanCommunity Survey data.

          Social isolation: People with disabilities are more 
        likely to live alone, and travel and socialize less, which 
        reduces their social networks and connections that can lead to 
        jobs (Kessler Foundation and National Organization on 
---------------------------------------------------------------------------
        Disability 2010, Schur et al. 2013, Brumbaugh 2018).

          Social stigma: There is a well-documented continuing 
        history of stigma and prejudice against people with 
        disabilities, which may reinforce social isolation (Blanck et 
        al. 2021, Jackson-Best & Edwards 2018, Muzzatti 2008, Scior 
        2011, Thompson et al 2011, Yuker 1988). As noted above, 
        disability stigma may make employers reluctant to hire people 
        with disabilities, and lead some people with disabilities to be 
        reluctant to pursue jobs and other activities outside the home.
5. While two initial studies blamed the ADA for a decline in employment 
  of people with disabilities, subsequent studies found little or no 
long-term negative effect, and possible positive effects of state anti-
                          discrimination laws.
    Because the ADA requires that employers pay for the reasonable 
costs of workplace accommodations, initial critiques of the law blamed 
it for a decline in the employment rate of people with disabilities 
(Acemoglu & Angrist 2001, Deleire 2000). However, subsequent studies 
find no decline when other measures and techniques are considered 
(Kruse & Schur 2003, Beegle & Stock 2003, Houtenville & Burkhauser 
2004, Hotchkiss 2003, 2004, Donohue et al. 2011), and demonstrate that 
any potential ADA-related decrease in employment was temporary (Jolls 
2004). Recent studies of state disability anti-discrimination state 
laws also find either no or positive effects on the employment of 
people with disabilities (Button 2018, Ameri et al. 2018, Neumark et 
al. 2017).
6. Employed people with disabilities face disparities, including lower 
                average pay and greater job insecurity.
          Lower pay: Employees with disabilities earn, on 
        average, significantly less per year than those without 
        disabilities after accounting for productive characteristics 
        such as education and job experience (Kruse et al. 2018 Schur 
        et al. 2020). The pay gaps are reduced but continue to exist in 
        occupations where particular disabilities should not impair 
        productivity. Union representation reduces but does not 
        eliminate the disability pay gap (Ameri et al. 2019).

          Fewer benefits: Employees with disabilities are less 
        likely than those without disabilities to receive employer-
        provided benefits such as pensions and health insurance 
        (Hallock et al. 2021, Schur & Kruse 2021).

          Increased risk of layoff: Employees with disabilities 
        are more likely than those without disabilities to be laid off 
        by employers when times are bad, and report greater job 
        insecurity (Mitra and Kruse 2016, Schur et al. 2009, Schur et 
        al. 2017).

          Greater likelihood of contingent employment: 
        Consistent with their lower job security, workers with 
        disabilities are more likely to be in contingent jobs such as 
        temporary employment, on-call, and contract work (Schur and 
        Kruse 2021, Harpur & Blanck 2020). Such jobs can be a good fit 
        for workers who desire extra flexibility due to medical and 
        other needs, but others may be forced into such jobs due to a 
        lack of access to standard employment. Survey data indicate 
        that workers with disabilities are more likely than those 
        without disabilities to feel constrained to a temporary job, 
        and to want and search for a non-contingent job (Schur and 
        Kruse 2021).

          Unwelcoming corporate cultures: In some companies 
        workers with disabilities must contend with negative attitudes 
        from supervisors and co-workers that limit career growth and 
        the quality of their work life, as well as with structural 
        barriers in workplace policies (Ren et al. 2008, Schur et al. 
        2005, 2017). The disparities are linked to lower average job 
        satisfaction among workers with disabilities, although they 
        have similar levels of organizational commitment and turnover 
        intention as workers without disabilities (Schur et al. 2017). 
        Inclusive workplace cultures make a difference: In worksites 
        where employees agree the company is fair and responsive to all 
        employees, employees with disabilities have especially high job 
        satisfaction, company loyalty, willingness to work hard, and 
        turnover intention as employees without disabilities (Schur et 
        al. 2009).
  7. Employer policies can help increase employment opportunities for 
                       people with disabilities.
    There are policies and practices employers can pursue to increase 
the hiring, retention, training, engagement, and career progression of 
people with disabilities. In our new Employer Disability Practices 
Center funded by NIDILRR we are collaborating with leading employers in 
the NOD and Disability:IN networks to evaluate employer best practices 
using experimental, quasi-experimental, and qualitative methods. 
Employer policies and practices are critical in ensuring people with 
disabilities are part of a workplace culture of inclusion (Ball et al. 
2005, Schur et al. 2005, Blanck, Hyseni, & Wise 2021, Burke et al. 
2013, Dimoff & Kelloway 2019, Hanisch et al. 2016, Kaye et al. 2011, 
Von Schrader et al. 2014).

    Examples of promising employer policies and practices that we are 
exploring include:

          Strong visible commitment from the top of the 
        organization (Araten-Bergman, 2016);

          Inclusion of disability in DEI (diversity, equity, 
        and inclusion) initiatives, including supplier diversity 
        policies (Ball et al. 2005);

          Targeted recruitment efforts and inclusive language 
        in job ads and company messages, as opposed to language that 
        simply complies with legal requirements;

          Disability training for managers and employees aimed 
        at creating an inclusive climate to encourage self-disclosure, 
        requests for accommodations, and effective responses to 
        accommodation requests; and

          Centralized accommodations funds to reduce financial 
        burdens on company divisions and departments;
  8. Public policies also play an essential role in the employment of 
                       people with disabilities.
    Working with our partners at the Syracuse Burton Blatt Institute 
and Harvard, our Disability Inclusive Employment Policies Center funded 
by NIDILRR seeks to add to new research on effective public policies. 
There is a range of policies that affect employment of people with 
disabilities, and I will not address them all. I will simply point to a 
few that deserve attention in the next few years:

          Encourage a strong labor market with low 
        unemployment, which appears to be especially important in the 
        employment progress of people with disabilities both in the 
        2014-2019 period and in the recent pandemic recovery;

          Ensure that people with disabilities have full access 
        to apprenticeship and other training programs;

          Provide additional Home and Community Based Services 
        (HCBS) funding dedicated for employment support, which can pay 
        for job coaches, personal care attendants and assistive 
        technology that allow an individual with a disability to secure 
        and maintain employment;

          Ensure that entrepreneurs with disabilities have 
        access to resources and training to start and maintain 
        disability-owned business enterprises;

          Work with Federal contractors to ensure they meet 
        their goal under Section 503 of the Rehabilitation Act to have 
        at least 7 percent of their employees be people with 
        disabilities. This should include more education to employers 
        on how to better identify, support and recruit individuals with 
        disabilities; and

          Work to move people with disabilities into 
        competitive integrated employment while phasing out FLSA 
        section 14C subminimum wage certificates.

    Thank you for the opportunity to present this testimony.
                                 ______
                                 
                   [summary statement of lisa schur]
    Employment continues to remain very low among working-age people 
with disabilities compared to those without disabilities. The new 
employment report shows that among working-age people with 
disabilities, 34.9 percent of men and 32.8 percent of women were 
employed in January 2022, compared to 75.6 percent and 65.5 percent of 
men and women without disabilities. Their unemployment numbers are 
twice those of people without disabilities.

    Employment of people with disabilities declined for several years 
following the Great Recession of 2008-2010, but there was progress 
starting in 2014 up to the pandemic, and during the pandemic recovery.

    The increase in telework was smaller among workers with 
disabilities during the pandemic, but the pandemic may have a ``silver 
lining'' for people with disabilities over time from increased 
opportunities for telework and workplace restructuring.

    People with disabilities face more difficulties in obtaining jobs. 
The reasons include: employer discrimination and reluctance to hire, 
low education and training levels, extra costs of work combined with 
lack of access to assistive technology and long-term services and 
supports, disincentives from disability income programs, social 
isolation, and social stigma.

    Employed people with disabilities face a variety of disparities. 
These include: lower pay, fewer benefits, increased risk of layoff, 
greater likelihood of contingent employment, and unwelcoming corporate 
cultures.

    Employer and public policies can help increase employment 
opportunities for people with disabilities.

        Examples of promising employer policies and practices include: 
        1) strong visible commitment from top management, 2) inclusion 
        of disability in diversity initiatives, 3) targeted recruitment 
        efforts and inclusive language in job ads and company messages, 
        4) disability training for managers and employees aimed at 
        creating an inclusive climate, and 5) centralized 
        accommodations funds.

        Examples of public policies that deserve attention over the 
        next few years include: 1) encouraging a strong labor market, 
        2) ensuring people with disabilities have access to 
        apprenticeship and other training programs, 3) providing 
        additional Home and Community Based Services (HCBS) funding 
        dedicated for employment support, 4) providing resources and 
        support to entrepreneurs with disabilities, 5) working with 
        Federal contractors to ensure they are meeting the goal of 
        having at least 7 percent of their employees be people with 
        disabilities, and 6) working to move people with disabilities 
        into competitive integrated employment while phasing out FLSA 
        section 14C subminimum wage certificates.
                                 ______
                                 
    The Chair. Thank you, Dr. Schur.
    We will turn to Ms. Lay-Flurrie.

 STATEMENT OF JENNY LAY-FLURRIE, CHIEF ACCESSIBILITY OFFICER, 
                     MICROSOFT, REDMOND, WA

    Ms. Lay-Flurrie. Chair Murray, Ranking Member Burr, and 
Members of the Committee, thank you for the opportunity to 
testify today.
    I am Jenny Lay-Flurrie, the Chief Accessibility Officer. I 
have been at Microsoft for 17 years, last 6 in this role, and 
25 years in the tech industry. I am a technologist's mom, wife, 
and a very proud deaf, disabled female leader. My role is to 
drive the future of accessibility to empower every person and 
organization to achieve more, building a culture of disability 
inclusion and accessibility into the fabric, hearts, minds of 
160,000 Microsoft employees. That ecosystem then helps to 
deliver inclusive, accessible products to Americans with 
disabilities.
    COVID-19 has shown new light. It has shown new light on the 
importance of technologies. Everyday devices became the vehicle 
for work life and play, remote work opening doors to work 
opportunities for disabled and immunocompromised.
    Accessibility: It is the equalizer, vital to empower people 
with disabilities to work, call their families, and support 
their kids. Personally, as a deaf individual, I switched 
overnight from being 6 feet from my ASL interpreter to being on 
a screen. I am grateful to be in a company where that was 
possible.
    Put simply, digital accessibility has never been more 
important than it is today. That is why Microsoft announced 
last year a new ambition to help bridge the disability divide, 
raise the bar with technology, and open doors to talent.
    How do we do it? Well, when Microsoft designs new 
products--with people with disabilities, based on their 
feedback. It is now easier to do some really important things. 
You can easily find and use accessibility in Windows and Xbox. 
You can create accessible documents using a spell check-like 
feature that we call Accessibility Check. We have expanded 
automated captions. We have added functionality for the deaf, 
like CART. Throughout all of this, a clear focus on mental 
health. Simple tools to nudge taking breaks, reduce social 
anxiety. The hand raise is one example.
    There is way more to do, but let's get clear. People with 
disabilities make our products better. Having empowered 
disability-diverse workforce is essential to deliver inclusive 
and accessible product, yet this is the biggest untapped talent 
pool in America, and that is why we have made it a clear focus 
to hire more disabled talent.
    I will give you a couple of quick examples. Our 
Neurodiversity Hiring: What started as a pilot in 2015 now 
hires talent across the spectrum of neurodiversity in a week-
long virtual hiring academy, using mind-crafted, showcased 
teamwork and collaboration skills, and we now work with 42 
other companies to accelerate neurodiverse talent hiring where 
the unemployment/underemployment is around 85 percent.
    We also believe that disability is, and it is, a core part 
of our culture. We talk about disability accommodations. We 
purposefully describe it, as I have today, as a talent pool. 
Our growing internal disability community spans the spectrum, 
and every employee takes training on accessibility. That 
ability summit that you mentioned earlier, we had 12,000 
attendees last year.
    All this and more has grown our known representation to 7.1 
percent of Microsoft U.S. employees identifying with a 
disability, and we are proud to have that in our annual 
diversity report.
    I want to wallow in two key points. First, accessibility is 
foundational, essential in going through a very rapid 
innovation curve. If we really want to take advantage and we 
want to include people with disabilities in the workforce, 
technology must be accessible from the start, and take 
advantage of the innovation.
    Policy needs to modernize and recognize, support, and 
promote easy access to accessible technology. America needs to 
get educated on the wealth of digital accessibility in front of 
you in those devices you have. Accessibility is everyone's 
responsibility.
    Second, let's open some doors to talent. Fix closed or 
hiring processes and policies limiting opportunity. That 
includes income limits and subminimum wage. We believe in fair 
wages for all, and our Supported Employment Program has hired 
over 400 intellectually, developmentally disabled individuals 
for jobs on Microsoft campus, and in competitive wage and 
benefits from their employers.
    We also believe that disability representation should be 
more visible. Too few companies publically disclose their 
metrics today.
    To close, disability is a strength. I am proud to be 
counted as a disabled female leader in one of America's best 
companies, and I am really humbled to be here today 
representing the work of many back at Microsoft. But, there is 
more to do. We need to take conscious, methodical steps to 
drive a more accessible digital America and open doors to 
talent. We can make a difference together.
    Thank you so much for having me here today.
    [The prepared statement of Ms. Lay-Flurrie follows:]
                prepared statement of jenny lay-flurrie
    Chair Murray, Ranking Member Burr, and distinguished Members of the 
Committee, it is an honor to appear before you today to share 
Microsoft's perspective on closing the disability divide in employment. 
My name is Jenny Lay-Flurrie, and I am Microsoft's Chief Accessibility 
Officer. I've been based for the last 15 years in our Redmond, 
Washington, headquarters, where I founded and chaired our Disability 
Employee Resource Group for over 10 years. I'm proud of how Microsoft 
has empowered me as a deaf disabled female leader. In addition, I serve 
on the board of Disability:IN, Gallaudet University, and Team Gleason.

    At Microsoft, we believe that disability is a strength, and by 
leaning into the principles of inclusive design and the lived 
experience of the disabled, we have created an ecosystem of 
accessibility to help tackle the Disability Divide, \1\ including 
persistent disparities in employment. This starts with hiring and 
supporting people with disabilities, goes to embedding their insights 
and expertise into product, website and building development, through 
to creation of innovative technology that aims to revolutionize what is 
possible for people with disabilities. This foundation has helped us to 
respond to the impact of COVID-19, which accelerated the need for 
accessible technology and disability inclusive practices.
---------------------------------------------------------------------------
    \1\  https://openknowledge.worldbank.org/bitstream/handle/10986/
23347/9781464806711.pdf
---------------------------------------------------------------------------
    Microsoft has learned a tremendous amount during our decades-long 
journey regarding accessibility and disability inclusion--learning that 
has accelerated over the last 2 years as a direct and indirect result 
of the pandemic. This work has been informed by the insight and 
feedback of the disability community, advocates, and non-profit 
partners. And we know that we still have far to go. We believe the 
issues related to disability inclusion and the importance of 
accessibility technology have never been more pressing than they are 
today. People with disabilities make up one of the world's largest 
untapped talent pools, but we all need to act with bolder ambition to 
empower disabled talent to achieve more. Based upon our experience, we 
believe any disability employment discussion must include three key 
areas for action:

        1. Reframing disability as a strength. Too many private and 
        public sector employers rely on dated understandings of 
        disability and what is possible for individuals to achieve.

        2. Driving technology awareness and adoption. Innovation in 
        accessibility is enabling daily advances in empowering 
        technologies--a rate of innovation that has accelerated as a 
        direct impact of the COVID-19 pandemic.

        3. Accelerating adoption of best practices. This stems, first 
        and foremost, from always including disability in diversity, 
        and can be realized when we all work actively to address 
        barriers that exist for individuals with disabilities who want 
        to enter the workforce.
                 Current State--employment gaps persist
    The urgency and import of today's hearing are clear: our economy is 
experiencing record demand for workers, yet individuals with 
disabilities still have lower employment and higher rates of poverty 
than those without disabilities. Moreover, having a disability is 
something that any of us may experience, since disability can be 
permanent, situational or temporary. There remain persistent and 
enduring gaps in employment for individuals with disabilities:

          The unemployment rate for individuals with 
        disabilities remains double that for people without 
        disabilities (10.6 percent versus 4.9 percent in the third 
        quarter of 2021), and these rates are even higher for 
        individuals with disabilities of Black, Hispanic or Asian 
        descent. \2\2 These gaps have not changed substantially since 
        the establishment of the Americans with Disabilities Act (ADA) 
        in 1990.
---------------------------------------------------------------------------
    \2\  America's Recovery: Labor Market Characteristics of People 
with a Disability, Oct. 2021 (bls.gov).
---------------------------------------------------------------------------
          This gap spans education differences: the employment 
        rate for college graduates with disabilities is just 50.6 
        percent, compared to the general employment rate for college 
        graduates at 89.9 percent. \3\
---------------------------------------------------------------------------
    \3\  Persons with a Disability: Labor Force Characteristics--2020, 
Feb. 2021 (bls.gov).
---------------------------------------------------------------------------
          The COVID pandemic exacerbated this gap, with nearly 
        1 million people with disabilities--about one in five--losing 
        their jobs.

          During the pandemic we have also seen the emergence 
        or increase of certain disabilities, such as long-term health 
        issues related to COVID, and mental health conditions, such as 
        depression and anxiety. \4\
---------------------------------------------------------------------------
    \4\  Short-term and Long-term Rates of Postacute Sequelae of SARS-
CoV-2 Infection: A Systematic Review--Infectious Diseases--JAMA Network 
Open--JAMA Network; 2021 State of Mental Health in America--Mental 
Health America (mhanational.org).

    Engaging one of the world's largest untapped talent pools can help 
to address our current labor market needs and is good value for 
businesses. A 2018 study done in partnership by Accenture, 
Disability:IN, and the American Association of People with 
Disabilities, found that the 45 companies identified as standing out 
for their leadership in areas specific to disability employment and 
inclusion had, on average, 28 percent higher revenue, double the net 
income, and 30 percent higher economic profit margins than their peers 
over the 4-year period. \5\
---------------------------------------------------------------------------
    \5\  Getting to Equal: The Disability Inclusion Advantage, 2018.

    This is a pivotal moment for this Committee to consider how 
technology, business practices, and policy can work together to advance 
employment for individuals with disabilities.
   Accessible Technology--Opening doors for people with disabilities
    Accessible technology is a fundamental building block that can open 
doors to bigger opportunities for people with disabilities, tackling 
barriers to communication, interaction, and information. At Microsoft 
we start by working to ensure our own products are accessible by design 
to empower everyone across the spectrum of disability, with many 
features now built into the devices and software widely available 
today. This shift--expanding the idea of accessibility technology from 
being primarily supplemental products created to address and bridge 
accessibility needs, to encompass integrated features--is foundational 
to scaling access to the wider world of work. We do this by infusing 
the insights and feedback from of our disabled employees, accessibility 
experts, customers and the disability community to build features like 
Immersive Reader for people who are dyslexic, SeeingAI app for the 
blind, and the Xbox Adaptive Controller, which empowers gamers with 
disabilities.

    Accessible technology has grown rapidly over the course of the last 
decade but never more so than in the last 2 years. COVID-19 and the 
resulting virtualization of work drove accelerated demand for digital 
technology to communicate, interact, get information, work, and play. 
We saw an immediate spike in demand, support questions, and usage of 
accessibility features. As an example, Microsoft Teams Live Captions 
unique users skyrocketed, with a 3600 percent increase during the 
pandemic; Teams captions has expanded into 28 languages and dialects. 
Nearly 2 years in, such trends continue and have driven us to 
prioritize and accelerate innovation in a few key areas:

          Content Accessibility. Americans increasingly need to 
        rely upon electronically generated and transmitted documents at 
        work, home, and especially in the classroom. Making these 
        documents more accessible enables businesses to reach more 
        customers and individuals with disabilities to participate 
        fully in the vital free flow of information. Tools like 
        Microsoft's Accessibility Checker help deliver a new bar of 
        inclusion, making it easy to create documents that are 
        accessible to all those who develop, contribute to, and receive 
        them. In Microsoft Word, Excel, PowerPoint, OneNote, Outlook, 
        and Visio, the checker analyses content, providing guidance on 
        how to make the document accessible. This includes suggested 
        image descriptions for pictures, a feature crucial to blind and 
        low vision users. Since April 2021, we've seen usage of the 
        Accessibility Checker increase by 582 percent. Now anyone can 
        create and share accessible emails, documents and content using 
        quick and easy tools readily available from the toolbar.

          Making accessibility easy to find and use. Great 
        accessibility features are not effective if people can't find 
        them. The input of people with disabilities is critical to 
        making technology accessible to all. As an example, last year 
        Microsoft launched Windows 11. The team started community 
        engagement on day one of the design process. This led to a 
        series of innovations, from new calming sounds and high 
        contrast settings to natural voices for screen reader users and 
        voice access for mobility users. But the most impactful change 
        was likely the simplest. Based on feedback from the community 
        we reconfigured our settings so anyone seeking accessibility on 
        any of our devices, PCs or Gaming can search for 
        ``accessibility'' and be connected directly to features they 
        need. Accessibility must be easy to find and use.

          Accessibility in remote meeting tools. Remote 
        collaboration and meeting tools have become essential to work, 
        life, and play. The pandemic elevated the need for more 
        accessibility features and innovation as users across the 
        disability spectrum moved to virtual environments. 
        Accessibility innovations in Microsoft Teams collaboration and 
        meeting software included specific features for the deaf, 
        expanding AI-provided live captions, adding functionality for 
        CART (Communication Access Real Time Translation), in addition 
        to blur backgrounds, automatic transcription, and the ability 
        to ``pin'' a specific video to make it easier to view American 
        Sign Language (ASL) interpreter(s). This also includes features 
        such as hand raise, which was imagined by one of our 
        neurodiverse engineers, to promote more inclusive 
        conversations. This ongoing work is an important component of 
        powering the future of work with virtualization and 
        flexibility.

          Expanded legibility options. Technology can also 
        enhance access to text understanding for those whose learning, 
        visual, or other disabilities such as dyslexia create barriers 
        to traditional literacy. For example, Microsoft Word can detect 
        and convert text to heading styles crucial for blind and low-
        vision readers. Navigation panes designed for screen readers 
        can help people easily discover and navigate objects in a 
        spreadsheet in Excel. And tools like Microsoft's Immersive 
        Reader, which is used by 35 million people every month, can 
        increase comprehension through customizable features including 
        reading screen text aloud, segmenting words, or displaying a 
        few lines of text at a time to help with comprehension.

          Testing tools. Innovative development tools can help 
        move the needle on accessibility. For example, Accessibility 
        Insights is a free open-source technology that helps developers 
        test code to find and solve accessibility issues in websites 
        and apps before they reach end users. This enables developers 
        to design for greater access of employees and customers at the 
        front end, when addressing accessibility is simpler and more 
        cost effective.

          Driving awareness of accessibility and disability 
        practices. There is always a learning curve with new 
        technologies, and accessibility features are no exception. 
        Training and awareness of disability etiquette through 
        accessibility features is an important part of driving a more 
        inclusive culture. All Microsoft employees around the world are 
        required to take a new Accessibility 101 course, which includes 
        details of how they can be more inclusive in day-to-day work 
        life. We share that training externally, and the UK Government 
        Dept of Work and Pensions is using Microsoft Accessibility 
        Fundamentals to grow skills in their employee base.

          Providing support when and how people need it. For 
        the last 8 years, Microsoft has provided support to customers 
        with disabilities, organizations, businesses, and schools 
        through Disability Answer Desk, a dedicated support team for 
        the disabled, answering questions on the latest accessibility 
        features and the use of Assistive Technology in key Microsoft 
        products via phone, chat, ASL support and Be My Eyes (a free 
        app that connects blind and low-vision people with sighted 
        volunteers and company representatives for visual assistance 
        through a live video call). The volume of support calls doubled 
        through the pandemic, and overall, our Disability Answer Desk 
        has received 1 million+ contacts over the past 8 years. It is 
        valued by the community, and by us, as a way to help people 
        when, where, and how they need it. Building off this model, 
        Microsoft has shared the Disability Answer Desk Playbook to 
        guide customers on how to develop an inclusive support team for 
        their customers with disabilities.

          Affordability. For many, assistive technology is out 
        of reach due to cost or lack of connectivity. That's why 
        accessibility is embedded into the core of our products like 
        Windows 11, Office, and Xbox. However, there is more to do. 
        Microsoft is addressing this in two ways. First, we have 
        created a new Low-Cost Assistive Technology Fund, as part of 
        the AI for Accessibility program, to spark innovation aimed at 
        driving down the cost of assistive digital technology and 
        increasing access to it. Second, in the United States, we are 
        starting focused efforts in our partnerships with internet 
        providers, city governments and community organizations to 
        offer affordable broadband, hardware, software, and digital 
        skills resources to specifically reach people with 
        disabilities. We are beginning that work in Los Angeles and New 
        York.

    There is still much to do to increase the development and use of 
these and other technology tools that can smoothly integrate technology 
tools into the daily tasks of work. From our own experience we believe 
the following are key to an inclusive approach for private and public 
industry:

          Listen to people with disabilities. Communication 
        channels should actively encourage people to participate. All 
        the features above were suggested by employees and/or customers 
        with disabilities to improve products and raise the bar for 
        inclusion.

          Invest in training. Widespread information and 
        training are critical to ensuring everyone understands 
        accessible technology features and uses them. It is important 
        to invest time to learn about new features that may benefit 
        individuals, and will grow inclusion broadly, especially for 
        people with disabilities, bearing in mind that roughly 70 
        percent of disability is non-apparent.

          Make use of Artificial Intelligence and Machine 
        Learning. AI has the potential to take computing applications 
        to new heights of accessibility. Used and developed 
        responsibly, they can enable critical tools such as Live 
        Captioning.

          Understand that accessibility isn't just about people 
        with disabilities. Everyone is part of creating inclusive and 
        accessible materials. Content creators, website developers, 
        anyone who writes emails, word documents, slides, podcasts, and 
        social content--all of us have both the power and the 
        responsibility to make the world more accessible to all.

    With these approaches, the private sector, disability advocates, 
and policymakers can help drive widespread awareness and adoption of 
new technologies and shift our collective mindset to understand the 
importance and relative ease of providing universally accessible tools.
          Workforce--Innovative practices that empower talent
    Having a diverse workforce that includes people with disabilities 
is paramount to the Microsoft mission to empower every person and 
organization on the planet to achieve more. While technology has the 
power to increase the accessibility of work and all areas of life, we 
will not move the needle on employment of individuals with disabilities 
without focused effort. Attracting and retaining a diverse workforce, 
including individuals with disabilities, means using targeted 
strategies that acknowledge the strength of people with disabilities 
and support their needs with centralized global accommodation processes 
and opportunities for growth in the workplace. Microsoft proactively 
hires talent with disabilities, with specific hiring programs and 
strong disability inclusion practices to empower candidates to ``come 
as you are, do what you love.''

    From a hiring perspective: Key strategies we have employed at 
Microsoft and which we have seen other companies with similar 
dedication adopt include:

          Neurodiversity Hiring Program. Since 2015, we have 
        been actively recruiting and inclusively onboarding autistic 
        talent through a dedicated program, and in the last year 
        expanded the program to include all neurodiverse talent, which 
        may include Autism Spectrum Disorders, ADD/ADHD, dyslexia and 
        dyspraxia, and learning disabilities. It uses a multi-day 
        hiring approach which includes mock interviews, collaboration 
        and other skills demonstration exercises, and information 
        sessions with managers and existing employees. Final interviews 
        also include specific accommodations, such as longer breaks. 
        For individuals who are selected through this process, 
        Microsoft incorporates training for managers and teammates, as 
        well as support for the new employee. The program has helped 
        Microsoft to successfully hire individuals into numerous 
        technical roles within our company including Software Engineer, 
        Service Engineer, Build Engineer, Lab Engineer, Data Analyst or 
        Data Scientist. We have also invested in sharing our knowledge, 
        partnering with others in industry and non-profit partner 
        Disability:IN to form the Neurodiversity Work Employer 
        Roundtable, which is made up of 42 companies across the United 
        States that are similarly invested in hiring from this talent 
        pool, collaborating to share best practices.

          Disability Hiring. We work accommodation and 
        inclusivity into everyday processes. Microsoft's Disability 
        Hiring approach includes focused recruitment via a dedicated 
        online portal where candidates are invited to apply. These 
        candidates are connected to dedicated staff who have expertise 
        in assisting candidates with disabilities. We also host events 
        to provide a built-in opportunity for candidates with 
        disabilities to attend a 1-day interview structured to provide 
        an inclusive experience for individuals. This format enables 
        individuals to best demonstrate their skills in interview 
        settings designed for inclusion, which can include extended 
        interview times, longer breaks between interviews and use of 
        assistive communication technologies or interpreter services. 
        Beyond specific programs, inclusion is built into every step of 
        our hiring process by default, such as inclusive hiring 
        training for managers and interviewers.

          Disability Representation Metrics. We are proud to be 
        one of just 20 major companies that publishes our U.S. 
        disability representation metrics in our Diversity and 
        Inclusion Report. As of June 2021, 7.1 percent of U.S. 
        employees in our core Microsoft business chose to self-identify 
        as having a disability. \6\ While we are proud of the progress, 
        there is clearly more to do. Our ambition is to fully represent 
        the population of people with disabilities across the globe, 
        and we take that seriously.
---------------------------------------------------------------------------
    \6\  Microsoft Diversity & Inclusion Report 2021.

    Leveraging our broader corporate footprint. Creating a more 
accessible world means going beyond our own workplace and working with 
the broad network of Microsoft suppliers to create a culture of 
accessibility that will ripple throughout the technology industry and 
across the entire business community. Actions we have taken at 
Microsoft to ensure that our major suppliers incorporate accessibility 
---------------------------------------------------------------------------
into multiple facets of their work at Microsoft include:

          Procurement: Since 2015 we have expressly included 
        accessibility as a factor in our procurement processes and 
        provided a Supplier Toolkit to support suppliers. This includes 
        accessibility fundamentals trainings, resources that introduce 
        accessibility concepts for anyone who manages, designs, 
        creates, or edits digital assets, and technical training 
        resources on implementing accessibility in product design, 
        development, and testing.

          The Supported Employment Program creates pathways to 
        job opportunities for people with intellectual/developmental 
        disabilities (I/DD) at Microsoft facilities. Microsoft Real 
        Estate and Facilities (RE&F) partners with vendors and 
        employment agencies, creating job opportunities for people with 
        intellectual/developmental disabilities (I/DD) at Microsoft 
        facilities across the globe. Supported Employees have been 
        hired into over 30 different job types and are part of our 
        campus communities as successful, productive workers in jobs 
        that match their interests and abilities. The program published 
        a toolkit to share learnings from the program with other 
        companies as they explore hiring from the I/DD talent pool.

          No subminimum wage: In 2019, Microsoft added language 
        to our Supplier Code of Conduct to reconfirm the obligation to 
        pay the applicable minimum wage to everyone. Microsoft does not 
        support separate wage standards for people with disabilities, 
        and we will not permit subcontractors to pay sub-minimum wages 
        for our work.

    Reducing the unemployment rate for people with disabilities is--and 
must be--a collective effort. Microsoft works closely with 
organizations like Disability:IN and other non-profit, advocacy and 
community groups across the US, to share these supply chain best 
practices and learn from others.
                         Policy recommendations
    In this climate of rapid change, people with disabilities, 
employers, and Federal-and state-funded employment and workforce 
systems are faced with policies and models that are in many cases even 
less effective today than 50 years ago. Modernization will require 
policy change. The scope of policy areas impacting employment is broad 
and includes policies not only in traditional workforce and education 
programs, but also programs for veterans and for income support. As a 
general matter, we recommend policymakers focus on a few key 
principles:

          Encourage the widespread adoption of accessible 
        technology. As Congress considers reauthorizations of the 
        Assistive Technology Act of 1998, the Workforce Innovation and 
        Opportunity Act of 2014, the Higher Education Act of 2019 and 
        the Individuals with Disabilities Education Improvement Act 
        2004 and other key legislation, it should focus on the role of 
        technology as a key driver to expanding accessibility.

          Ensure inclusivity and equity, including through fair 
        pay and equal treatment for individuals with disabilities. 
        Microsoft supports the bipartisan Transformation to Competitive 
        Integrated Employment Act, which will ensure states and 
        employers help workers with disabilities transition into fully 
        integrated and competitive jobs while phasing out subminimum 
        wages for workers with disabilities, currently allowed under 
        Section 14(c) of the Fair Labor Standards Act.

          Remove barriers and disincentives to work. Many 
        disabled Americans receive assistance from a web of programs 
        including Workers Compensation, Social Security Disability 
        Income, Supplemental Security Income, Veterans Disability 
        compensation, disability insurance payments, Medicaid, 
        Medicare, and others. Often these programs are crucial to 
        ensure the support needed to maintain independence and health. 
        At the same time, employers and workers can find the need to 
        establish or maintain program eligibility creates work 
        limitations. Policies that enable disabled workers to accept 
        roles, and incentivize increased work opportunities, raises and 
        promotions, while maintaining access to needed supports, are 
        critical to increasing the employment rate.
                               Conclusion
    Technology has the potential to empower and transform employment 
opportunities for individuals with disabilities. Innovations designed 
by and with people with disabilities will lead to more inclusive 
experiences for everyone. A culture of accessibility, when coupled with 
technology, leads to breakthrough innovations and a world that makes it 
easier for people with disabilities to create, communicate, learn, and 
work.

    I am proud to be counted as a disabled female employee in one of 
America's best companies. Microsoft's recognition of the strengths 
brought by people with disabilities, not only to our corporation but to 
our communities more broadly, has been a transformative force in how we 
meet our mission. We are grateful to the many individuals with 
disabilities--employees, leaders, advocates, and experts--who have 
enabled us to learn and grow on this critical journey. And we look 
forward to continuing to work with industry, policymakers, and the 
disability community to imagine, build, and empower the future of 
disability inclusion and accessibility.
                                 ______
                                 
                     [summary of jenny lay-flurrie]
    Microsoft has learned a tremendous amount during our decades-long 
journey regarding accessibility and disability inclusion. That learning 
has accelerated over the last 2 years as a direct and indirect result 
of the pandemic. People with disabilities make up one of the world's 
largest untapped talent pools, but we all need to act with bolder 
ambition to empower disabled talent to achieve more. Based upon our 
experience, we believe any disability employment discussion must 
include key areas for action:

          1. Reframing disability as a strength. Too many private and 
        public sector employers rely on dated understandings of 
        disability and what is possible for individuals to achieve.

          2. Driving technology awareness and adoption. Innovation in 
        accessibility is enabling daily advances in empowering 
        technologies--a rate of innovation that has accelerated as a 
        direct impact of the COVID-19 pandemic.

          3. Accelerating adoption of best practices. This stems, first 
        and foremost, from always including disability in diversity, 
        and can be realized when we all work actively to address 
        barriers that exist for individuals with disabilities who want 
        to enter the workforce.

    The unemployment rate for individuals with disabilities remains 
double that for people without disabilities (10.6 percent versus 4.9 
percent in the third quarter of 2021), and these rates are even higher 
for individuals with disabilities of Black, Hispanic, or Asian descent.

    Accessible technology has grown rapidly over the course of the last 
decade but never more so than in the last 2 years. COVID-19 and the 
resulting virtualization of work drove accelerated demand for digital 
technology to communicate, interact, get information, work, and play. 
We saw an immediate spike in demand, support questions, and usage of 
accessibility features. Nearly 2 years in, that trend continues. It has 
driven us to prioritize and accelerate innovation in key areas 
including: content accessibility; accessibility in remote meeting tools 
like Microsoft TEAMS; and expanded legibility options that can assist 
individuals with learning, visual, or other disabilities like dyslexia. 
To help drive adoption and use of such technologies it is important to 
listen to people with disabilities; invest in training; make use of 
artificial intelligence and machine learning; and understand that 
accessibility is not just for people with disabilities.

    Microsoft has also engaged in key employment strategies including 
its Neurodiversity Hiring Program; Supported Employment Program; 
Disability Hiring Programs; and Supplier Code of Conduct which requires 
payment of at least minimum wage to all individuals.

    As Congress considers policy ideas to increase the employment of 
individuals with disabilities, they should look to policy that will: 
encourage the widespread adoption of accessible technology; ensure 
inclusivity and equity, including through fair pay and equal treatment 
for individuals with disabilities, such as with the bipartisan 
Transformation to Competitive Integrated Employment Act; and remove 
barriers and disincentives to work.
                                 ______
                                 
    The Chair. Thank you, Ms. Lay-Flurrie.
    We will now move to Mr. Kineavy.

STATEMENT OF FRANCIS A. KINEAVY, DISABILITY ADVOCATE, SEA GIRT, 
                               NJ

    Mr. Kineavy. Good morning, Senators. My name is Frank 
Kineavy, and I am the CEO and cofounder of Let's Be Frank, a 
sports employment agency for the disabled and veterans. I am 30 
years old, a graduate of Villanova University, screenwriter, 
entrepreneur, coach, and political activist. I am a fan of all 
things 1980's, a college football enthusiast, a proud Jersey 
Shore lifer.
    I was also born with cerebral palsy. I cannot walk, talk, 
or use my hands to write. From my resume and my Let's Be Frank 
website, you can see some of my accomplishments so far in my 
life. These achievements were not met without obstacles along 
the way due to my disability. Since graduating from Villanova, 
I have met with many barriers and frustrations in seeking 
employment and in being part of an organization.
    Even though this hearing and my testimony will primarily 
cover the negatives, I have met and worked with some incredible 
people, like nationally renowned sports writer Tom Luicci, 
Villanova University men's basketball coach, Jay Wright, and 
football coach, Chris Malleo, who have empowered me and have 
become mentors well after our professional relationships ended. 
That being said, people like them are typically the exception, 
not the rule.
    Every college graduate encounters pitfalls at some point in 
their career when it comes to finding a job and ascending the 
ladder of their chosen profession. With that being said, the 
obstacles of navigating the job search are compounded for 
people with disabilities. I sent out more than 15 applications 
a day and got little to no responses. Any interview I did get 
was riddled with questions regarding my skill. I was met with a 
lot of people asking, well, what can you even do? My answer was 
I could do anything everyone else could do, but I just do it 
differently. That answer did not seem to suffice.
    I attended a number of job fairs, but instead of leaving 
with interviews or job offers, I left with free pens, swag, and 
promises to keep my resume on file. It was incredibly 
discouraging until finally someone took a chance on me.
    Since my first job as a journalist at the Athletic 
Department at Rutgers University, being a person with a 
disability in an office environment has had its share of 
triumphs and pitfalls. For the first year of my writing career, 
I would go to work alone and use an adaptive keyboard to use 
the laptop. While this method seemed on the surface to enable 
me to be more independent, it would turn out to be too slow for 
me as I could only type one letter at a time. This was not a 
problem when I was navigating the web, but when it came time to 
write my articles, it would tend to be cumbersome and 
inefficient. One simple email would take 2 hours to compose, 
and given that my main charge was writing, this slowed down my 
production. I would have to come home and pay a scribe to help 
me complete my articles after the workday had ended. If I could 
only have that support during the workday, I could be churning 
out multiple articles a day.
    Eventually, they hired a student worker to scribe for me 1 
hour of each day. I was able to get more done, but money from 
my paycheck went to pay the worker. However, this allowed me to 
explore other facets of the industry. I even organized a golf 
outing to benefit the Rutgers University baseball team, which 
is an opportunity I would not have had if they had not given me 
accommodations and allowed me to step out of my comfort zone. 
This is unlike other jobs where I was kept in a box, 
pigeonholed into what supervisors knew I could do.
    At a future stop along my career, this feeling of being 
pigeonholed became prevalent and it prevented me from reaching 
my full value. Most jobs I had did not even give me an annual 
performance review. When I finally got one, I was suddenly 
fired 3 weeks later.
    My goal at each job I have is to be known for what I do, 
not what I have overcome. I want to be known as Coach K, not 
the guy in the wheelchair who coaches football. I want to be 
known as the CEO of Let's Be Frank, not as the guy in the 
wheelchair who has a business.
    I am honored and excited to have this opportunity to speak 
with you today about inclusion of the disabled in the workforce 
and to share the prejudices I have personally experienced. It 
is my hope I will shed light on and have answers that will 
benefit our Country, our corporations and organizations, and 
the disabled community.
    [The prepared statement of Mr. Kineavy follows:]
                prepared statement of francis a. kineavy
    Hello, I am Frank Kineavy. I am a screenwriter, coach, mentor, 
local political advocate. I am a proud Jersey Shore lifer, who loves 
music and college football. I also happen to have cerebral palsy. 
Cerebral palsy is a congenital disorder of movement, muscle tone, or 
posture caused by abnormal brain development. The US sees less than 
200,000 cases per year. I am here today to give you an overview of my 
journey in the professional world, the pitfalls I encountered along the 
way, and what I feel needs to be done for the disabled community to be 
more of a player in Corporate America.

    I graduated from Villanova University in 2014 and have been trying 
to navigate the job market ever since. Just like any college graduate 
who starts their job search in the slow summer months, I found it 
difficult to obtain a full time job. With that being said, I found an 
additional roadblock that most of my college peers didn't meet: my 
disability. I sent out more than 15 applications a day, and got little 
to no responses. Any interview I did get was riddled with questions 
regarding my skill: I was met with a lot of people asking, ``well, what 
can you even do?''. My answer was, I could do anything everyone else 
could do, but I just do it differently. That answer didn't seem to 
suffice. I would go on the typical job fair circuit to prove in person 
what I was capable of, only to have hiring managers give me shirts and 
pins, never engaging in a serious dialog about hiring me, but always 
ensuring me they would ``Keep my resume on file''. It was incredibly 
discouraging, until finally, someone took a chance on me.

    For the first 5 years of my career, I was a journalist--first for 
the Athletic Department at Rutgers University, where I wrote features 
on student athletes. Then in the news division of Diversity INC, a 
consultant for Fortune 500 companies regarding diversity and inclusion, 
I was responsible for writing 10 articles a week on trends and policies 
pertaining to the employment of people with disabilities. For the first 
year of my career, I would go to work alone and use an adaptive 
keyboard to use the laptop. While this method seemed on the surface to 
enable me to be more independent; it would turn out to not be the best 
method for me. The way I type is how most people type the first time 
they are in front of a computer, one letter at a time. This was not a 
problem when I was navigating the web but when it came time to write my 
articles, it would tend to be cumbersome and inefficient. To give you a 
reference, one simple email would take 2 hours to compose. Given that 
my main charge was writing, this slowed down my production. I would 
spend the whole work day composing a quarter of an article and pay 
someone to come to my home and finish. I knew that if I could only have 
that support during the workday, I could be churning out multiple 
articles a day.

    After 3 months of going to work on my own and using all of my 
energy merely to operate the computer. My department was forward 
thinking enough to hire a student to come 5 hours a week to transcribe 
my articles for me. This worked wonders. I was able to focus on 
improving my craft and get creative with the stories I would pitch 
without having to waste so much unproductive time. Another unexpected 
benefit of having my scribe was I got my work done earlier and was able 
to get hands-on experience with other facets of the business. This was 
the time when I learned the type of work I flourished in. I was lucky 
to have two of my former subordinates from a prior internship on the 
management team. They trusted the work I had done for them and saw my 
potential. Once I got my feet under me with my main responsibilities, 
they exposed me to a whole different space of the business when I 
suddenly was forced out of my comfort zone. This led to me growing 
professionally and widened my skill set. I think employers get into 
this habit of limiting people with disabilities to 1 or 2 tasks they 
know they could do. While it is great to have a speciality, it tends to 
put people with disabilities in boxes they can't break. Not only could 
this be limiting to the career of people with disabilities, it stunts 
the potential for the whole company. At future stops along my career, 
this feeling of being pigeon holed became prevalent and it prevented me 
from reaching my full value.

    After my positive experience at Rutgers is when I experienced the 
pitfalls that many people with disabilities face in the workplace. 
Thankfully, to my knowledge none of my coworkers have ever explicitly 
questioned my validity, which is too commonly placed on people with 
disabilities. I feel I have missed out on many opportunities to grow 
professionally because of my disability. For example it is very common 
for professionals to have a yearly review. Where they sit down with 
their employees and grade their performance. During this time, the 
employee gets a better sense of where they are and what steps are 
needed to improve. I was with one company for 5 years and never sat 
down with my superior to hear what they thought of my performance. I 
was given this opportunity and lost my job 3 weeks later. I am at the 
point in my career where I have enough positive and negative experience 
to help corporations better utilize a block of talent that represents 
20 percent of the population. I look forward to having a discussion 
with all of you today on how to improve the employment of people with 
disabilities.
                                 ______
                                 
    The Chair. Thank you, Mr. Kineavy.
    We will now turn to Mr. Dennis.

   STATEMENT OF BRIAN DENNIS, WORKFORCE PROGRAM COORDINATOR, 
DISABILITY SERVICES, IOWA WORKFORCE DEVELOPMENT, DES MOINES, IA

    Mr. Dennis. Chair Murray, Ranking Member Burr, and 
distinguished Members of the Senate HELP Committee, thank you 
for the opportunity to testify here today.
    My name is Brian Dennis, and I am the Disability Services 
Program Coordinator for Iowa Workforce Development. During my 
career, I have worked in direct care with persons who 
experience an intellectual disability. Through county-funded 
mental health case management, I was a self-sufficiency 
coordinator for local housing services. And, since 2013, in 
education and training and employment services through Iowa 
Workforce Development's implementation of the Workforce 
Innovation and Opportunity Act. Regardless of the organization, 
though, there has been one common theme throughout my career: 
Service to individuals who experience a disability.
    I am the child of an educator who dedicated her career to 
special education and Head Start. My father was a construction 
worker who experienced firsthand the impact of trauma on 
America's veterans. And, as a result of growing up in that 
environment, I knew there were two things I did not want to do 
as an adult: One was be a teacher, and the other was to work in 
construction. However, when I am asked what it is that I do for 
a living, I say I help build people.
    At the end of the day, what our Country, and honestly any 
Country, should be is a collection of people who are trying 
their best to build each other up. Unfortunately, despite what 
we may feel are our best efforts, oftentimes persons with a 
disability are left behind.
    Research shows us three important trends. One, persons with 
a disability are less likely to hold any employment at any 
level. A lack of employment often leads to poverty, and if a 
person who experienced poverty, you have a shortened life 
expectancy. When you factor in the impact of COVID on the poor 
and those who have serious health conditions, it is not 
overstating to say that the full inclusion and advancement of 
persons with a disability in the workforce literally saves 
lives.
    For myself, the impact of disability unemployment hit home 
in 2015 when I encountered a spinal cord injury. Ladies and 
gentlemen, it is not overstating it to say that my primary 
concern after my injury was not my inability to walk. It was 
the possibility of my losing my job.
    Fortunately, I worked for an employer that afforded me a 
level of wage and the ability to maintain a savings. I had paid 
time off for medical appointments and the surgery that I needed 
to maintain my remaining mobility. I had private insurance that 
covered the majority of my healthcare costs, as well as 
benefits such as short-term disability. But, most importantly, 
I had an employer, colleagues, and supervisors who valued the 
fact that I could contribute far more than the manner in which 
I made those contributions.
    Beyond my own experience, I have learned much from helping 
others with disabilities overcome their own barriers to 
employment. It is clear that there is a need to both create and 
maintain an open workforce system that understands and is 
responsive to the needs of persons who are the subject of 
today's hearings.
    The State of Iowa was fortunate to participate in two 
rounds of the Disability Employment Initiative, or the DEI 
Project, and we serve hundreds of individuals with a disability 
through this special grant. DEI was jointly funded by the 
Office of Disability Employment Policy and the Employment and 
Training Administration, and it was aimed at improving the 
education, training, and employment opportunities and outcomes 
for persons with a disability who are unemployed, 
underemployed, and receive benefits from the Social Security 
Administration.
    Based on the initial results of Iowa's DEI Project, as well 
as subsequent work that has been done across the State, it is 
clear that promising practices regarding serving persons with a 
disability include:
    Access to benefits planning from the earliest stages of 
work readiness.
    We need deeper conversations regarding accessibility, 
especially when it comes to establishing a core level of 
assistive technology that should be available to every American 
Job Center, providing training related to ensuring that all 
documents are provided in an accessible format.
    We need to understand that disability is not just a 
diagnosis. It is also a culture, and it needs to be treated as 
such.
    We need to work with our employer partners and help them 
understand that their labor force needs can be met by greater 
inclusion of persons with a disability.
    Finally, with our ever-growing virtual workspaces, 
utilizing technology and the internet to help all persons work 
not harder, but smarter.
    The new normal which COVID has introduced to our world, we 
must shift our employment focus to being more creative and less 
critical if we are effectively to work together to, again, help 
build people.
    Thank you again for the opportunity to speak with you 
today. I look forward to answering your questions.
    [The prepared statement of Mr. Dennis follows:]
                   prepared statement of brian dennis
    During my professional career of over 20 years, I have worked in 
direct care with persons who experience an intellectual disability, 
through county-funded mental health case management, as a self-
sufficiency coordinator in local housing services; and since 2013 in 
education, training, and employment services through the State of 
Iowa's implementation of the Workforce Innovation and Opportunity Act 
(WIOA). Regardless of the organization, there has been one common theme 
to my career, service to those who experience a disability. I am the 
child of an educator who dedicated her to life to working in special 
education and Headstart, my father was a construction worker who 
experienced first-hand the impact of trauma on our Veterans. As a 
result of growing up in this environment and seeing how hard both my 
parents worked; I knew there were two things I never wanted to be as an 
adult, one was a teacher and the other was a construction worker. 
However, when I am asked what it is that I do now, I say I ``help build 
people''.

    At the end of the day what our country and what any country should 
be is a collection of people who are trying their best to build each 
other up. Unfortunately, despite what we may see as our best-efforts 
persons who experience a disability are often left behind. A report 
from the Bureau of Labor Statistics (2020) shows that less that 20 
percent of persons with a disability are working at any level, while 
almost 62 percent of persons without a disability were employed. Over 
25 percent of all persons with disability live in poverty, while the 
poverty rate for those without a disability is just over 11 percent 
(ACS, 2020). Finally, when looking at life expectancy, a Congressional 
Research Study (2014) found that when comparing high income to poverty 
life expectancy, women of high income live over a decade longer than 
women in poverty and high-income men live almost 15 years longer than 
low-income men. When you factor in COVID's impact on the poor and those 
with significant health concerns, it is not overstating that the full 
inclusion and advancement of persons with disability in the workforce 
literally saves lives.

    Employment is how we participate and make change in this country, 
it not only provides income to support ourselves and our families, but 
it is also how the majority of Americans access healthcare, it creates 
the foundation of our social networks, gives us a purpose to begin and 
end our day pursuing and for so many of us it is the base for our very 
identity. Afterall, how may times do we begin a conversation with a new 
person by asking ``where do you work''? Our K-12 education system is 
anchored on either preparing us to enter the world of work, or 
continuing our educational journey; in order to ultimately enter the 
world of work. In America, employment is the building block of being a 
fully realized and contributing citizen.

    Therefore, if employment opens the door to the American Dream, the 
inability to obtain and maintain employment is the first step to living 
the American Nightmare. For far too many of our neighbors this 
nightmare is a growing reality, especially for those who experience a 
disability. For myself, the impact of disability on employment hit home 
in December 2015, when I acquired a spinal cord injury which requires 
me to use a wheelchair. Ladies and gentlemen, I can tell you that after 
my injury the emotions I felt weren't mourning over my difficulty with 
walking, it was terror over possibly losing my job. Attending medical 
appointments to understand what was happening to me physically was a 
distant 2d or 3d place concern to showing up at my desk everyday to 
provide for my family and to maintain my sense of self-worth.

    Fortunately, I worked for an employer that afforded me an income 
that allowed me to have money in savings, I had paid time off for 
medical appointments, testing and the surgery that was required to 
maintain my remaining mobility. I had private insurance which covered 
the cost of the majority of my medical expenses, as well as benefits 
such as an FSA and short-term disability which helped cover the rest. 
But most importantly I had an employer, colleagues, and supervisors, 
who valued the fact that I could contribute far more than the manner in 
which I made those contributions.

    Beyond my own experience, come the lessons learned for helping 
others overcome the barriers to employment for people with 
disabilities. During my time in various roles assisting individuals who 
are at the heart of these hearings is the need to create and maintain a 
support network and vocational system that understands and is 
responsive to the needs of this population. Much of what I have learned 
was during my work on the local and state level as part of the 
Disability Employment Initiative or DEI project. The State of Iowa was 
fortunate to host two rounds of the DEI project and serve hundreds of 
Iowans with disabilities over six and a half years. DEI was a jointly 
funded initiative by ODEP (the Office of Disability Policy) and the 
Department of Labor which aims to improve education, training and 
employment opportunities and outcomes for youth and adults with 
disabilities who are unemployed, underemployed and/or receiving Social 
Security disability benefits.

    During the State of Iowa's first round under DEI, the focus was on 
providing benefits planning to persons who receive SSDI and/or SSI 
benefits from the Social Security Administration. SSA currently 
provides benefits to over 12 million individuals through its Title II 
(SSDI) and Title XVI (SSI) programs (SSA, 2021). A person understanding 
how their cash and insurance benefits may be impacted by moving to 
employment is understandably, for many, the first and most integral 
part of returning or initially entering the workforce. During DEI, the 
State of Iowa strategically placed staff trained in benefits planning 
in multiple American Job Centers across the state. As a result of this 
initial round of the DEI, the State of Iowa currently has 26 staff 
across Title I and Title III of WIOA who are trained or are in training 
related to benefits planning; as well as Iowa Workforce Development and 
Iowa Vocational Rehabilitation Services (IVRS) support a combined 
Benefits Planning Network to make benefits planning a readily available 
resource to any job seeker, family member and/or paid support who needs 
this assistance. The expanded use of benefits planners in all AJC 
locations nationally from the earliest stages of work readiness will 
create and sustain the value-add of workforce services to persons with 
a disability and our collateral partners.

    The subsequent round of the DEI project was focused on credential 
attainment and career pathway development. Again, hundreds of 
individuals were served by specially trained staff placed strategically 
across the State of Iowa, all with the goals of attaining an industry-
recognized credential and moving to employment which would afford them 
to wage level to reduce and quite possibly reduce their reliance on 
public benefits (SSDI, SSI, SNAP, FIP, Public Housing, etc.) While not 
all individuals were successful, the data was not only extremely 
encouraging, but also demonstrated an undeniable concept; if you build 
a better system, individuals will access it.

    Following the conclusion of Iowa's participation in the DEI 
project; IWD and its partners under WIOA continued the momentum of the 
Disability Employment Initiative through the various Disability Access 
Committees (DACs) across the state and each of the Iowa's local 
workforce development areas. Understanding that per the WIOA, the 
American Job Centers (AJCs) are expected to meet the needs of their 
customers by ensuring universal access to their programs and activities 
for all eligible individuals, much discussion has occurred at all 
levels regarding innovation and best practices to both job seekers and 
employers.

    Much of the discussion has revolved around ensuring that those 
services are accessible not only physically, but programmatically and 
sensitive to various needs and cultures within the disability 
community. A great deal of this work needs to occur at a high level, to 
ensure and mandate its inclusion and efficiency, such as establishing a 
core level of assistive technology (AT) that would be available at 
every One-stop Center, especially for those who communicate differently 
such as the Blind and Deaf and Hard of Hearing communities. This 
includes the provision of training related to the creation of 
accessible materials to ensure that all persons have access to the 
information under the WIOA umbrella. The hiring of Career Planners who 
are fluent in American Sign Language (ASL), should be seen as the same 
imperative as is having Career Planners who are fluent in any other 
spoken language. Further this should include the integration of 
evidence-based practices such as Discovery assessments and the use of 
the Integrated Resource Team (IRT) model of service coordination.

    The COVID-19 pandemic has not only provided great challenges to our 
country but has also created space for great opportunities. More and 
more the job market allows for increased creativity regarding how and 
where work can be performed. The use of technology allows an increasing 
number of workers to work from home and through telework. This use of 
technology can be used as a means to increase the number of persons 
with a disability which are part of any work environment. However, 
innovation does not come without a cost, and the availability of and 
familiarity with technology related to computer skills proficiency, Wi-
Fi availability and continued transportation needs must be addressed. 
Virtual services are effective if applied pre-employment as well 
through virtual job fairs and the use of the Reverse Job Fair model. In 
the new normal which COVID has introduced to our world, we must shift 
our employment focus to being more creative and less critical if we are 
to work together to effectively ``help build people''.
                                 ______
                                 
                  [summary statement of brian dennis]
    During my professional career of over 20 years, I have worked in 
direct care with persons who experience an intellectual disability, 
through county-funded mental health case management, as a self-
sufficiency coordinator in local housing services; and since 2013 in 
education, training, and employment services through the State of 
Iowa's implementation of the Workforce Innovation and Opportunity Act 
(WIOA). Regardless of the organization, there has been one common theme 
to my career, service to those who experience a disability. I am the 
child of an educator who dedicated her to life to working in special 
education and Headstart, my father was a construction worker who 
experienced first-hand the impact of trauma on our Veterans. As a 
result of growing up in this environment and seeing how hard both my 
parents worked; I knew there were two things I never wanted to be as an 
adult, one was a teacher and the other was a construction worker. 
However, when I am asked what it is that I do now, I say I ``help build 
people''.

    When addressing the barriers to employment for people with 
disabilities (PWD) we find:

          PWD are less employed

          Live in higher levels of poverty

          Have shorter lifespans

    When addressing the best practices to employment for people with 
disabilities (PWD) we find:

          Lesson learned from DEI projects

          Access to Benefits Planning

          Establishing core level of AT

          Training related to accessible documents

          Understanding the various cultures with the 
        disability community

          Introduction of Evidence-based practices

          Use of virtual avenues to job fairs, recruitment, and 
        employment

          Think creatively, not critically
                                 ______
                                 
    The Chair. Thank you very much, Mr. Dennis. Thank you to 
all of our witnesses today for really excellent testimony. I 
look forward to your responses to our questions. I will ask my 
colleagues to please keep track of your clock and stay within 
those 5 minutes, and I will begin.
    Ms. Lay-Flurrie and Mr. Dennis, I want to start with you. 
Like so many other workers, people with disabilities have 
struggled [audio malfunction]--no worries--have struggled with 
the pandemic's impact on our economy and experienced 
unemployment and underemployment. Yet, as workplaces adjusted 
to the pandemic and implemented remote options, we have also 
seen the use of inclusive practices that have made work more 
accessible to everyone.
    Continuing and expanding those innovations, like having 
closed captioning to be more common in a virtual meeting, or 
having a remote option for a workforce training program, can 
actually boost accessibility in our workforce programs and 
businesses. This is really critical to people with disabilities 
so they can access quality workforce training programs, find a 
job and get hired, and do their jobs successfully with the 
accommodations they need.
    Ms. Lay-Flurrie, Mr. Dennis, how can we ensure our 
workforce programs and our businesses are implementing 
inclusive practices that will ensure workers with disabilities 
have the support they deserve? Ms. Lay-Flurrie, I will start 
with you.
    Ms. Lay-Flurrie. Thank you for your great question. I do 
believe, and we have seen an incredible increase in usage and 
demand on accessibility during this period. I will give one 
very quick example, which is the use of captioning.
    Microsoft Teams has an automated captioning that has grown 
3600 percent in this period. There is actually a wealth of 
accessibility goodness that is in devices right now that I 
believe that many Americans are not aware of, so the first 
thing that we would recommend is a clear focus on education. We 
educate all of our employees, and we found many of our 
customers and partners taking that training to their own 
environments. A very simple 20-minute virtual training can 
educate people on tools that are right in front of them.
    I think the other one is to be a role model employer, so 
making sure that--that here, Congress that everything that you 
do is leveraging those tools, making sure that your emails and 
documents are accessible and you are just hitting the 
spellcheck function. Simple things like that can make a very 
big impact. But, let me also defer to my colleague.
    The Chair. Mr. Dennis.
    Mr. Dennis. Thank you. Echoing the comments of my 
colleague, first off is we need to provide education. There is 
a wealth of knowledge that not only exists in the devices that 
we are--that are commonplace in many of our workplaces and many 
of our homes, across our various employers, but there are a 
wealth of resources.
    Speaking from the workforce development side of things, 
there is so much that we do in work with our employers to 
really talk about labor market information when it comes to 
growing industries, income level, benefits that really attract 
employees. We need to also include the focus on how do you 
track in, again, this missing and underrepresented workforce.
    Speaking to them, details such as through the Job 
Accommodations Network, how to make your workforces more 
accessible. These take into account when it comes to disability 
and benefits plan that employers can utilize where they can 
minimize those conversations that sometimes happen between 
employees and employers regarding the impact of benefits; 
understanding that it truthfully is getting the work done and 
not the manner in which we get the work done that really 
matters. So, looking at their job requirements, the essential 
functions of those duties, and really helping them become 
educated.
    We need to deploy greater use of our vocational 
rehabilitation partners to really, again, help bolster that 
information; to really, again, be a model for the Nation, so 
what we do through our Federal and State offices to make sure 
that they have an open culture. Again, disability is such a 
culture that we need to make sure that we are integrating that 
in the work that we do so then we can be that shining example 
for our employer partners; and again, work together to help 
persons across this Country move to a greater employment and 
greater self-sufficiency.
    The Chair. Thank you. We know people with disabilities face 
discrimination in hiring decisions. Actually, in 2020, 
disability discrimination formed the basis for more than a 
third of the charges filed with the Equal Employment 
Opportunity Commission, from discriminatory wages, inaccessible 
workplaces, persistently low and false expectations about what 
they can accomplish.
    People with disabilities should not face such bias in the 
workplace. This is ableism, plain and simple, and it is one 
reason why I actually introduced the BE HEARD Act in the 
Workplace to improve protections against workplace 
discrimination for people with disabilities, and others.
    Mr. Kineavy, in your experience, can you tell us about the 
discrimination and employment barriers people with disabilities 
continue to face even 31 years after we passed the Americans 
with Disabilities Act?
    Mr. Kineavy. Discrimination starts with the attitude that 
we are not on the same level as everyone else.
    For this hearing, I asked my friends who also have 
disabilities for their experiences in the workplace. Two of 
them have successfully graduated from law school and are 
practicing attorneys, and the other works in the non-profit 
sector.
    Despite this level of success, they are still met with 
discrimination and ignorance. Both of these individuals are 
visually impaired and use a screen reader when using a 
computer. They rely on technology to be productive, but 
frequently, the systems at their workplace are not compatible 
with the devices they use to do their work. The technology to 
fix these problems exists but is not widely used. It is 
important to note that creating this accessible technology and 
utilizing it would ultimately save workplaces money as they 
would not have to do so much damage control.
    One of these peers, before she even got to college, 
completed an internship with First Lady Michelle Obama when she 
was in the White House. A few summers later, she did an 
internship at a law firm where she was met with blatant 
discrimination and horrible comments about her disability. 
Unfortunately, even to this day, she continues to be met with 
discrimination. Her current team members infantilize her and 
worry that she cannot handle certain things despite her 
impressive resume and proven skill set.
    It may be thought that workplaces in the non-profit sector 
would be more inclusive. However, this is sadly not often the 
case. One of my friends who worked for a non-profit mentioned 
the lack of reasonable accommodations. When she would ask for 
these to be fulfilled, she was constantly told it could not be 
done over and over again until she was eventually fired.
    To directly quote one of these peers, the disability 
unemployment rate is so high, in my opinion, because people 
know that they will encounter inaccessibility, and they feel 
shut out of the workplace before they have even started.
    The Chair. Thank you.
    We will turn to Senator Burr.
    Senator Burr. Thank you, Madam Chairman.
    Frankie, let me stay with you if I can. What would you wish 
more employers knew about hiring individuals with disabilities?
    Mr. Kineavy. I feel that employers, even the good ones, 
feel as if just having a secure job makes people with 
disabilities content.
    If someone chooses to go into Corporate America, most 
likely they are ambitious and possibly a little cut-throat. 
People with disabilities worry about career trajectories just 
as much as anyone else. I could even argue that they think 
about it even more because they worry they will never get a 
shot.
    It is critical that employers just do not see us for what 
we can do now, but what we can grow into. I am always asked in 
job interviews, well, what can you even do? I always answer, I 
can do anything anyone else can do. I just have to do it a 
little differently. But, the job still gets done.
    For example, for the question and answer part of today, you 
all were kind enough to send me your questions in advance. Now, 
would that give a job applicant with a disability an unfair 
advantage? That is a question that each company should wrestle 
with, and it certainly is not being asked in corner offices.
    We also have to ask this question: Is it unfair that 
without preparation it takes me twice as long to answer a 
question than anyone with the ability to speak?
    Senator Burr. Thank you for that.
    Ms. Lay-Flurrie, I agree with you that technology has a 
new, unlimited potential as it relates to those disabled. I 
remember when I woke up one morning and could not see quite as 
good as I could the day before. I think all of us up here have 
that. We stick on glasses and the world changes. And, as I grew 
older, all of the sudden, my hearing was not quite as good, and 
I have these things that go in my ear now. It was not until 
that happened that I realized there was an accessibility mode 
on my phone.
    I am not sure that the average person out there understands 
that everything that we have become accustomed to, our everyday 
life, is slowly, but surely, through technology, accommodating 
the needs of individuals with disabilities.
    What would you say to smaller businesses that want to be 
more inclusive but may not have the same resources that you 
have at Microsoft?
    Ms. Lay-Flurrie. Well, first, welcome to the cool gang. I 
am very glad to welcome you to the disability community. I do--
--
    A couple of things. From a demographic perspective, most 
people are coming our way. Disability is a part of being human 
and is closely correlated with age. And, so, that being a fact 
of life, it is important on everyone to really get educated, 
and not just on the cool tech stuff, but also on the basics of 
disability, which I think is for everyone. In fact, it is all 
for everyone.
    Really getting educated and being confident about how to 
talk with a person with a disability on the etiquette, on the 
language, on being curious and asking the right questions. 
Having that confidence is absolutely step one.
    Going beyond that, then really getting educated, again, as 
you did, on the wealth that is embedded in devices, and knowing 
the right channel supports and constructs to ask for additional 
support as and when you need it.
    In terms of a small business, there are no blockers for any 
individual doing this. These are resources. These are education 
and training, as well as technical features that are available 
to everyone across America. And, I would encourage you that if 
you do not know someone with a disability, if you have not 
hired someone with a disability that should be your first step.
    Senator Burr. Okay. Dr. Schur, I believe that an honest 
day's work is part of the American Dream. In your research, 
what have you found about the importance of employment for the 
disability community?
    Dr. Schur. That is an important question and we could spend 
a lot of time talking about it. But, just basically, lack of 
employment is a major contributor to poverty, and close to a 
quarter of working-age people with disabilities live in 
poverty. That is compared to one-tenth of people without 
disabilities. So, on that basic level, increasing employment 
among people with disabilities is essential.
    I also agree with what you said earlier about the social 
and psychological importance of work, as well. Work can give 
people a sense of dignity and helps people be part of the 
larger society. One of the big problems that a lot of people 
with disabilities face is social isolation and segregation; 
that they are removed from regular society and interacting with 
people, and getting up and going to work, and having a job, and 
so forth. So, for all those reasons, from economic, 
psychological, and social, I think employment is a key, key 
aspect.
    Senator Burr. Thank you. Thank you, Madam Chairman.
    The Chair. Thank you.
    Senator Casey.
    Senator Casey. Chair Murray, thank you very much for this 
hearing. I want to thank you and Ranking Member Burr for this 
opportunity.
    Before I ask my questions, I would ask unanimous consent 
that two letters be entered into the record with suggestions 
for increasing disability employment. No. 1, a letter from the 
National Developmental Disability Network for Programs, and 
then a second letter from the National Disability Rights 
Network. I ask that both be entered into the record.
    The Chair. Without objection.
    [The following information can be found on pages 48 and 54 
in Additional Material:]
    Senator Casey. Thank you, Chair Murray.
    I will start with Mr. Kineavy and Mr. Dennis. Mr. Kineavy, 
in your testimony, you said that people with disabilities, 
quote, desire to excel at work, advance in their careers, and 
be productive in those roles, unquote.
    Mr. Dennis, you stated that your job is to, quote, help 
build people, unquote.
    One way to help meet these goals is through assistive 
technology, and we have--you have heard from a number of our 
witnesses today about it. I am proud to lead with my Senate 
colleague, Senator Hassan and Senator Collins, the bipartisan 
21st Century Assistive Technology Act to expand access to 
assistive technology for people with disabilities across the 
lifespan. A version of our bill passed out of this Committee 
back in August 2021.
    Both of you are assistance technology users and have 
direct, firsthand knowledge of the value of assistive 
technology, so here is the question. Please share with us how 
this technology makes it possible for you to work; and second, 
why assistive technology is important to making work possible 
for people with disabilities.
    We will start with Mr. Kineavy.
    Mr. Kineavy. My relationship with assistive technology has 
been interesting. My disability falls in the place where I move 
too much for half of them, such as Eyegaze, but do not have 
enough control of my body for the other half, such as tablets. 
When I use the paperboard, which is attached to my chair, the 
person I am talking to is able to figure out what I am saying, 
even if I miss a letter.
    Throughout my childhood, I worked closely with Dr. Joan 
Bruno, who developed the software to help me communicate. 
Unfortunately, it was not the best option for me due to my 
athetoid movements, but the software and the devices are still 
offered today, helping other people with disabilities overcome 
the communicative barrier.
    For me personally, better technology would open up so many 
job opportunities. For example, in college, I thought I wanted 
to be a history teacher, but I decided not to pursue that 
because I did not have an easy way to communicate fast enough. 
I even took a counseling class at a university, but after one 
semester, they told me they could not see it working for me as 
a career due to the communication barrier.
    The problem is not always that there is a lack of assistive 
technology. It is that finding the right device that matches 
your physical ability is hard. Affordability is key, too, and 
most insurance providers consider high-power assistive 
technology as a luxury, not a necessity. I am fortunate that my 
family has the means, but we still feel the hit, and that hit 
is bigger for other families.
    Assistive technology could open up the ability for face-to-
face communication as close to real time as possible. For 
example, as a coach, I am limited to how much on-field teaching 
I can do. If I had a communication device that could be closer 
to real time, instead of spelling out sentences word by word, 
letter by letter, I could be an even more successful coach.
    That is true for meetings in the business world, as well. 
There is nothing more frustrating than having something to 
contribute to the conversation, taking the time to spell it 
out, and by the time my scribe or device is ready to say it, 
the rest of the group has moved on to another topic.
    This is not just about assistive technology, but it is 
about the dignity of my voice being heard in the room where 
decisions are being made.
    Senator Casey. Thanks very much.
    Mr. Dennis.
    Mr. Dennis. Thank you, Senator, for your question. First 
off, the single biggest piece of any piece of assistive 
technology is attitude. Having the greatest piece of technology 
with bells and whistles will not be effective if we are--if our 
workspaces are not open to allowing those sorts of devices, or 
if there is a misconception what assistive technology is.
    Every single one of us uses assistive technology every 
single day. If you sit at--in an office chair and you adjust 
the height, it is assistive technology. If you adjust your seat 
in your vehicle, it is assistive technology. If you wear 
eyeglasses, regardless of your level of vision, it is some 
level of assistive technology. So, the stigma that exists 
around assistive technology is already a misplaced, 
preconceived notion because it is something that is part of 
every single piece of our workspace.
    When I was in grad school, I had to go to an employer and 
do an accommodations survey. And I asked the H.R. 
representative--this was a feed warehouse. I asked him to tell 
me about any accommodation provided to their staff. They had no 
idea what I was talking about. Quickly, I saw that they had 
accommodations for a lady who worked in their reception office, 
and they go, well--and this is not her real name--they go, 
well, we do not do accommodations. We just want to keep Mary 
employed. Well, employers need to understand that not only 
doing these things help people move into employment; they help 
you maintain employment.
    As you heard my colleague discuss, cost is a huge factor. I 
acquired my disability. I utilize a wheelchair. I acquired my 
disability when I was 39 years old, so I had already navigated 
the--my childhood, my adulthood, my K through 12 education, 
college, and most importantly, my workspaces as an able-bodied 
person. So, when I encountered a disability, they wanted to 
maintain me because I already had some of those sorts of 
capital within the areas in which I was working. For an 
individual born with a disability and are entering employment 
for the first time with these needs for accommodations, with 
these needs for assistive technology, the access to the 
technology is key.
    But, we have to make sure that our employers understand 
that technology is a requirement for all of us to have it work 
well and have that open attitude and openness in the 
workspaces. But, again, the cost is extremely high with AT, and 
it is great to hear that there is assistance----
    Senator Casey. Thank you.
    Mr. Dennis [continuing]. that is coming.
    Senator Casey: Mr. Dennis, thank you very much.
    Thank you, Chair Murray.
    The Chair. Thank you.
    Senator Marshall.
    Senator Marshall. Thank you, Madam Chair. I will start with 
Mr. Dennis. We will go back to you here.
    What does outreach to those with disabilities look like in 
rural communities?
    Mr. Dennis. In rural communities, it is, again, 
understanding that disability does exist in every segment of 
our Country. Most research shows that we have at least one in 
four individuals, and it is probably higher than that, but at 
least one in every four individuals in our Country has some 
level of disability.
    First off, it is, again, doing those outreach to those 
spaces and really having individuals who experience disability 
integrated into your community. So, starting oftentimes with 
those providers that are working with individuals, so those in-
home providers, the HCBS, home and community based services, 
your services throughout--through your local area Department of 
Human Services.
    But, the outreach begins with opening the doors to what 
capabilities and possibilities lie with you. I truthfully 
believe that there is nothing about us, without us. So, having 
those persons doing that outreach, being a part of the disabled 
community, having individuals that can share personal stories, 
which you have heard many of today.
    Again, opening those doors that--for those smaller 
communities that are really struggling, and trying to create 
economies that are lasting. We need to all work together. And 
again, bringing those individuals into your employers, 
regardless of the sectors of employment that they represent.
    Senator Marshall. Thank you so much. I will go to Ms. Lay-
Flurrie, if I could. You referenced Microsoft's commitment to 
the disability divide. What policies do you see as barriers or 
opportunities as you strive to reach publically stated goals on 
the unemployment rate of people with disabilities?
    Ms. Lay-Flurrie. Thank you for the question. So, the 
barriers and opportunities here, the way that we framed our 
approach for the disability divide, is to raise the bar on 
accessibility. That also means raising the education and 
availability and affordability of accessibility, and then also 
working to specifically tackle and grow the number of disabled 
talent in the pipeline.
    I think the things to consider as we go forward is that 
there are policy hurdles. And I think as we look at policy, it 
is incredibly important to really unlock and address any closed 
doors that exist there, that may exist. Income limits, for 
example, subminimum wage.
    If I think about technology and I think about actually the 
previous question with rural, is how do we get technology into 
people's hands. There is also the digital divide, and 
connectivity is a core part of the overall solution. So, how do 
we empower not just the cities, but how do we empower America 
to have access to this noted area, as well.
    Senator Marshall. Thank you so much. My last question will 
go to Dr. Schur. A recent study by researchers at Johns Hopkins 
concluded COVID lockdowns in Europe and the United States 
reduced the COVID-19 mortality by only an average of 0.2 
percent, but obviously caused enormous economic and social 
costs wherever they were implemented. What impacts have 
lockdowns, mask mandates, vaccine mandates had on community 
engagement for individuals with disabilities? This is for Dr. 
Schur.
    Dr. Schur. Well, a lot of people with disabilities also 
have compromised immune systems, so it was absolutely 
essential. For instance, me and my family, we really had to not 
go anywhere for quite a while. So, while it might make it more 
difficult in some ways to communicate, I feel that in terms of 
health and being sensitive to the needs and vulnerabilities of 
a lot of people with disabilities, it was very important.
    I also just want to turn to what other panelists said about 
digital technology, and thank goodness we have had this. And 
even though we might be all very sick of Zoom meetings, it 
enabled people to communicate and not have as much isolation as 
they would have otherwise. And I----
    In some ways, it increased communication. I communicate 
with people in Italy and China and California all the time, so 
that has increased I think kind of social connections, social 
capital, and enabled me to do my work more effectively.
    At the same time, I think Ms. Lay-Flurrie raised a really 
important point about the digital divide. And it is important 
to note that while 67--6 percent of people with disabilities in 
the U.S. do not have internet access, 18 percent of people with 
disabilities lack internet access, 18 percent of people with 
disabilities. So, that is an important--that is an important 
point, and I think it is very important to have more digital 
access and more connectivity.
    The Chair. Thank you.
    Senator Murphy.
    Senator Murphy. Thank you very much, Madam Chair, Ranking 
Member. Thanks to our great panel.
    Listen, I have been listening to this hearing from my 
office, and I am glad to be here just to raise one additional 
topic for discussion here.
    I appreciate Senator--both of Senator Marshall's questions. 
I think it is right that we have to understand people with 
disabilities have increased exposure to pandemic disease, often 
immunocompromised, comorbidities. And, we also have to 
understand that if you look at the percentage of people with 
disabilities in the workforce that are working retail jobs, 
manufacturing jobs, jobs that are sort of on the front lines, 
it is higher than the non-disabled population, and so they were 
in some ways at greater risk at the beginning of the pandemic.
    The issue I wanted to raise was about accessibility of 
transportation for people with disabilities. This is obviously 
a critical issue no matter where you live. But again, Senator 
Marshall raised the specific question of what it means to live 
with a disability in a rural community. And though Connecticut 
has the reputation as being just one big suburb of New York, we 
actually have plenty of rural communities in which 
transportation is a real barrier.
    One study suggested that 20 percent of all transit stations 
in the United States are not in compliance with the Americans 
with Disabilities Act. That is really stunning having had the 
ADA on the books for as long as we have.
    I would be happy to have anybody answer this question, but 
maybe I will direct it to Mr. Dennis, since you are working in 
a State with big rural communities. What do we need to do 
better when it comes to accessibility of transportation knowing 
that the Bipartisan Infrastructure Bill actually had a 
dedicated amount of funds--$2 billion, not a small amount of 
funding--for this very question, making transportation more 
accessible to individuals with disabilities?
    Maybe ask it to Mr. Dennis, Dr. Schur, whoever wants to 
answer. What do we need to do better when it comes to getting 
people with disabilities onto our transit systems and into 
transit options?
    Mr. Dennis. Again, thank you for your question.
    First off, obviously persons who experience disabilities, 
transportation is a huge barrier whether you live in an urban 
or a rural community. But, speaking specifically about our 
rural community, again, is making sure that they understand 
that they have a high customer utilization base that are 
persons with disabilities.
    Number one, you need to always fall in line with the law, 
but also helping them understand not only the requirements of 
accessibility, but the implicit, unintentional probably biases 
when it comes to that.
    I live in a local area where, while I drive a vehicle, I 
use the public fairways to get around, and I have noticed that 
oftentimes our buses may not have things, such as lifts, to 
make the--to help individuals get onto the vehicles; timelines, 
when it comes to routes and where persons and individuals live, 
that they are even accessible; drivers understand how to 
utilize the equipment; and honestly, having spaces for our 
buses to offload and upload passengers who use that assistance 
now is a continued barrier.
    It is education. It is obviously holding people accountable 
to the law. And, one of the great things that our local transit 
authority does, and I think needs to be replicated, is they do 
have a riders advisory group are in--that is comprised entirely 
of persons with a disability; to, again, continue to give that 
guidance from the user side of it of what they need to do 
better as a public transit authority.
    Senator Murphy. Maybe direct the question--I actually would 
love to hear from you Ms. Lay-Flurrie just as an employer. What 
do you think about in terms of making sure that individuals 
with disabilities have access to your place of employment? Are 
there things that employers can do to try to make sure that 
their employees have--individuals with disabilities who work 
for them have access to transportation options?
    Ms. Lay-Flurrie. Well, I think it is an incredibly 
important point. And I think a lot of the issues on accessible 
transport, which I do not claim to be an expert on, but those 
issues are very well documented, particularly when it comes to 
aircraft and transportation. You know, as I just flew from 
Washington State over the weekend, the number of wheelchairs 
that are embedded and damaged--and that is one incident--we do, 
of course, look at transport for our candidates.
    We have 7.1 percent of our employee base have disabilities. 
Transport to and from the office is clearly a consideration. 
And one of the benefits of the pandemic has been the ability of 
the immediate switch to work from home for many of those, and 
some of those will remain working from home. The joy of digital 
technology, of course, allowing them to have full work access, 
and no change in that in terms of career growth and everything 
else that comes with it.
    I think it is an area that needs a lot more investigation, 
and it is, of course, something that we as employers look at.
    Senator Murphy. Thank you, Madam Chair.
    The Chair. Thank you.
    Senator Braun.
    Senator Braun. Thank you, Madam Chair. I have two 
questions, one for Mr. Dennis and one for Ms. Lay-Flurrie.
    I am--before I came here from Indiana, I was on a school 
board for 10 years and our State legislature for a few years on 
the Education Committee, but was always frustrated as a small 
business owner. Eventually, we became a much larger company. 
Our biggest issue was finding employees, that guidance 
counselors were not even offering the kind of recommendations 
to look at. That trajectory curricula was certainly not in 
place to provide that kind of knowledge.
    In a State like Indiana, we have great colleges, 
universities. We ship out about twice as many 4-year degrees as 
we actually keep in State. But, I think what bothered me the 
most is when I looked in our own county, our guidance 
counselors were not even bringing up that option of a career in 
technical education. You know, that is bolstered by the fact 
that not only were we exporting 4-year degrees, half of that 
advice given to individuals send you into a journey where half 
do not complete it. They come away losing time and in debt.
    Another--and about a third of the ones that get a 4-year 
degree have not been guided in a way to where it is really 
marketable, and I have to imagine that is even worse for 
individuals with disabilities when you have a system that does 
not seem to be looking at the marketplace.
    Mr. Dennis, I would love to hear your opinion on whether 
you think we are guiding kids, and now parents because they 
have had a kid or two probably back in the basement after being 
misguided. Have you seen that same issue? And could you maybe 
expound on why that might be even worse for individuals with 
disabilities if you are not getting the proper guidance?
    Mr. Dennis. Thank you again for your question. So, what you 
will see across almost all segments of our world is a soft 
bigotry of low expectations for persons who experience a 
disability. So, many times--oftentimes, out of good intentions, 
family members, advisors, and throughout the education system, 
including post-secondary, often do a really quick assessment 
based on what it appears a person can do and do a lot of 
advising from the aspect of keeping people safe. What winds up 
happening is we do unfortunately sometimes advise people to 
move into sectors we feel will help them in a safety standpoint 
without figuring out how do we really advise a person to do 
what is best. Some of our academic assessments do not play well 
with individuals who experience a disability, whether 
intellectual, whether it is a learning disability, so the 
results of that sometimes can be skewed.
    The other big piece of it is because of the--an increased 
cost of being a person with a disability, many times doing a 2-
to 4-year academic degree is not the best stance for them due 
to their life situation. So, many times there is a need to 
increase individuals doing things such as a registered 
apprenticeship.
    I personally would love to see greater representation in 
the earn-and-learn model for persons with disabilities just, 
again, because so many of those costs that come with being a 
person who experiences a disability, that pathway can 
oftentimes yield greater impact and results, again, based on 
the other parts of their lives.
    Senator Braun. Thank you. Ms. Lay-Flurrie, the other thing 
I have noticed, too, trying to find ways as an employer to do 
things on our own that works with your school systems. Can you 
talk a little bit about have employers done enough to utilize 
training in middle school and high school? How much more should 
they do to especially help the disabled find a job within their 
own workplace?
    Ms. Lay-Flurrie. Thank you for the question. Microsoft is 
one company of many who is looking proactively for disabled 
talent. We want and need that in order for us to produce 
inclusive, accessible goods.
    Yes, we are actively looking at what we can do to increase 
particularly the college pipeline where we know there is a 
heavy drop-off between high school and college. It is one of 
the most significant drop-offs, often because of cost, but also 
there is other issues in terms of accessibility within the 
university framework and other problems that can occur in that 
timeframe. And, so, yes, I would say that not just Microsoft, 
but many others, we are invested here, but there is always more 
that we can and should be doing.
    I would also encourage anyone to not put a ceiling on what 
they believe themselves is capable to do and to really self-
advocate for what they need. That is one of the other things we 
end up coaching a lot is really the importance of self-
advocacy.
    I think there are some fundamental real blocks here that we 
need to break down when it comes to particularly digital 
accessibility and the education around that.
    Senator Braun. Thank you.
    The Chair. Thank you.
    Senator Hassan.
    Senator Hassan. Well, thank you, Chair Murray and Ranking 
Member Burr for this hearing, and thank you very much to our 
witnesses for participating.
    Mr. Kineavy, I want to start with a question for you. First 
and foremost, I want to thank you for sharing your personal 
experience in figuring out what you needed to be successful in 
the workplace. You have shared how important it has been to 
have direct support while working, in your case, having a 
scribe so you can work more efficiently, which frees up time to 
focus on the things that you are best at.
    One of my priorities in the Senate is to increase support 
for home-and community-based services, which provide integral 
support to individuals with disabilities so that they can fully 
participate in their communities, including at work.
    Mr. Kineavy, how do you think expanding access and 
improving home-and community-based services will help more 
individuals with disabilities not only gain employment 
opportunities, but thrive in the workplace?
    Mr. Kineavy. Technology, technology, technology. I have 
been stunted not just at work, but in my everyday life. 
Hobbies, dating, socializing, whatever you name, it is hindered 
by my inability to communicate efficiently. That is the key 
word. I like to think I am an effective communicator, but I am 
not an efficient one.
    If the government could join up with tech firms, like 
Silicon Valley, or even organizations like NASA, that has the 
capability to access information at the tip of their fingers to 
develop technology, most of which is already available, to 
better assist people with disabilities in being an active 
member of the community, every aspect of their lives will fall 
into place.
    For example, two of my best friends from college are blind. 
We cannot have a one-on-one conversation. It is like playing 
telephone. I have to rely on whoever my assistant is reading my 
board correctly, relaying the message to my friend, instead of 
them just directly reading what I am typing.
    My freshman year, kids on campus, through no fault of their 
own, would talk to me through my assistant. Even at meetings, 
people would begin their comments with ``Tell Frankie'' instead 
of just saying it directly to me.
    One professor at Villanova, who I did not even know when I 
was a student, has dedicated his engineering students' capstone 
assignment to developing a device that will help me communicate 
with others. This gives me great hope for the future of 
accessibility.
    There will be failures. Even NASA did not make it to the 
moon on the first try. But, if enough people, who are smarter 
than you and me, put their heads together, we can create a more 
accessible world.
    Senator Hassan. Thank you very much. Let me move to a 
question for Ms. Lay-Flurrie.
    Each year in New Hampshire, five businesses are given an 
employment leadership award to recognize their inclusive 
workplaces and commitment to workers with disabilities. 
Employers who are recognized often say that their work to be 
more inclusive has made their business and all of their workers 
more successful.
    Ms. Lay-Flurrie, you have said that disability is a 
strength and that inclusive policies make everyone stronger. 
Can you share how this has been the case at Microsoft?
    Ms. Lay-Flurrie. Thank you so much for the question. Yes, 
of course. I think the easiest example would be our 
Neurodiversity Hiring Program, which we started as a pilot to 
see if we could open doors to particularly autistic talent, and 
we have expanded it since then.
    One of the underestimated and non-appreciated benefits that 
we did not realize at the time would be the impact that it 
would have on the teams. We have been able to bring in autistic 
talent now into 12 divisions within the company, anything from 
Xbox to Windows, and often their teams, the individuals and 
their managers, come back to us and say we need more. We ask 
why, and the simplicity is that they say because it makes us 
better.
    The simple accommodations that are often put in place for 
these individuals are clear expectations, written meeting 
notes, and absolute guidance on what they need to do to deliver 
on their job. That is guidance that any individual needs. And, 
so, I think it is one example of many that exist when you hire 
disabled talent.
    Senator Hassan. Well, thank you for that. Another question 
to you, because it is another issue that I am spending 
considerable time and focus on, is the importance of ending the 
practice of paying workers with disabilities subminimum wages.
    I am proud that when I was Governor of New Hampshire, I 
signed a bill to end this practice in our State. Why do you 
think it is important for workers with disabilities to earn 
competitive wages?
    Ms. Lay-Flurrie. Well, thank you first to you for signing 
that, and to the other 10 States that have also signed similar.
    We absolutely believe in fair wages for all. We have 
learned that because--well, for two reasons. One, we have our 
own program, the Supported Employment Program. These are 
individuals that work on Microsoft campus. They are employed by 
vendors to Microsoft. They work in our kitchens and our yards 
and canteens, and they deliver incredible work. They are loyal, 
productive, and it has been a business benefit to Microsoft to 
have those employees on staff. They also raise the employee 
satisfaction holistically to have these individuals as part of 
our community.
    This is business. We are paying people fair wage for work 
done. And, we do not believe in the act of subminimum wage to 
the point where we eliminated it from our supplier portfolio in 
2019, and so we have also eliminated it from our suppliers 
holistically across all of Microsoft. We do not support any 
supplier with 14(c) certificates at this time. People with 
disabilities are talent, and we should pay talent the right and 
appropriate wage.
    Senator Hassan. Very well said. Thank you. And thank you, 
Madam Chair and to Mr. Kineavy and his supporter there. Thank 
you for speaking about the importance of technology. There is a 
long way to go. Thanks.
    The Chair. Thank you.
    Senator Kaine.
    Senator Kaine. Thank you, Chair Murray and Ranking Member 
Burr, and thank you to our witnesses. This is a very important 
hearing, and the theme of many of your opening comments was 
that this is a time of peril, but also a time of some 
opportunity. A tight labor market means employers might be 
willing to kind of expand their normal practice in terms of who 
they hire. That is a good thing. And the availability of 
technologies can create bridges between employees and employers 
in new ways that could be, and that have shown promise for 
folks with disabilities.
    Mr. Kineavy, I want to begin with you. Finding that first 
job is really important, but beyond getting the job, then there 
is the important question of your career trajectory. What can 
employers, public or private, do to help workers with 
disabilities once they get the job through promotions and 
mentoring and other strategies so that they have that kind of 
career trajectory that you said you want just like everybody 
else wants?
    Mr. Kineavy. Senator Kaine, this is critical to the topic 
of disability employment. One thing that I have learned from 
being in the workforce is that there is a striking difference 
between being a person with a disability who has a job and 
being a person with a disability that has a career.
    When I was working at Rutgers, I saw a career path for me. 
I had the support of my superiors. My editor would sit with me 
and compare my first drafts of articles to the final drafts 
after he edited them to show me how I can constantly be 
improving. In other writing jobs I had, I was missing this 
mentorship and coaching component, and it led to me feeling 
stuck, as if I had no chance to move up the ranks.
    I honestly think the idea that people with disabilities are 
looking for the next steps in their careers just does not 
register with a lot of mostly well-intentioned employers. In 
most forward-thinking companies, they already have their mentor 
or coaching systems in place for minorities. The next step is 
to recognize people with disabilities in the same light as 
every other minority.
    There is a saying that your executive team should look like 
your consumers. Well, people with disabilities are buying 
things, too. My answer is if you are a company with a 
structured mentoring system, all you have to do is include 
people with disabilities. Sit with them every 6 months or 1 
year to go over their performance. If you hear of opportunities 
for advancement that fit their skill set, tell them about it 
and be their champion, even when they are not in the room.
    If people with disabilities want a career track, they 
probably also want constructive criticism and clear directions 
on how to improve. You are not protecting our feelings by 
holding back valid critiques. If anything, you are stunting us 
professionally. Those people with disabilities who have this 
mentality are the ones you want in your company.
    Senator Kaine. Thank you, Mr. Kineavy. And I agree so much 
with what you said about it is not just about employees who 
might have disabilities; it is about customers. And it is also 
about customers and employees who may be elderly because so 
many of the needs of an elderly population, accommodations in 
the width of doors, or the size of counters or workspaces, 
overlap with the needs of the large percentage of Americans who 
are elderly. And, so, a sensitive workplace is going to think 
not only about their employees, but the needs of their 
customers, and I am glad you brought that up.
    This is a question generally for the panel, and it is a 
question I should know the answer to. I knew it in an earlier 
life. When I was Lieutenant Governor of Virginia, I was 
Chairman of the State's Disability Commission--by law, the LG 
plays that role--and we worked a lot on issues to try to expand 
opportunities for Virginians with disabilities. One that we 
found was a problem in the employment space was Medicaid.
    Virginians with disabilities who are on Medicaid found the 
Medicaid benefit to be very, very important to them. They got a 
job with a company. The company had a health insurance policy, 
but it was not as good for them as the Medicaid was. They 
worked up to a certain number of hours, and then they had 
earned enough where their Medicaid benefit cutoff, and both the 
employer and the employee would say, well, gosh, this is my 
best employee. I would like him to work 40 hours a week, not 
25. Or she--or, I am a fantastic employee. I want to work 40 
hours, not 25. But, if I lose my Medicaid benefit because of 
excess earnings, I am sorry, I have to work part time.
    We embarked on a pilot project in Virginia, and I think 
other States have done that, too, to allow a Medicaid buy-in 
whereby if you work past that income threshold, you can keep 
your Medicaid by paying into the Medicaid program. States have 
the options to make adjustments.
    Is this Medicaid cliff still a barrier to employment for 
folks with disabilities?
    Ms. Lay-Flurrie. I will jump in with income limits, yes, do 
continue to be a problem.
    If you take the instance of somebody who requires personal 
care assistants and support in the home in order to get ready 
for the day, to close the day, once you earn over a certain 
limit, there is no provision or service that will then provide 
that. That is left for your own private, personal funding, and 
those costs can be prohibitive. And, what that basically means 
is that it--you install a ceiling, a career ceiling that is 
very difficult to get beyond. And, so, it is a problem that 
needs some policy and addressed candidly. And, I think we are 
all agreed that career should not stop at the first job, and 
this is one instance where it can do that.
    Senator Kaine. My time has expired and I will yield back. 
But, I would hope we might--we will work a little bit on this 
together because, though perfectly well-intentioned and well-
motivated, this cliff actually locks people into part-time work 
when they are fully capable of being productive both for the 
employer and for themselves, and we might want to explore 
policy changes that we could make at the Federal level to try 
to ease that.
    The Chair. Thank you very much, Senator Kaine. We really 
appreciate that.
    Senator Smith.
    Senator Smith. Thank you, Chair Murray and Ranking Member 
Burr and all of the panelists for joining us here today.
    I am really encouraged by this conversation. So many good 
ideas for the things that we can be doing going forward. And I 
think that we are hearing today that the pandemic has really 
spurred a lot of changes in the workplace and encouraged the 
widespread adoption of practices that are holding significant 
promise for people that are living with disabilities. More work 
to do, of course, but great ideas today.
    I want to just talk a little bit about what we need to do 
to keep this progress going and fill in the gaps where we have 
them, not just to meet our minimum obligations, but to really 
think about creating truly inclusive workplaces.
    Clearly, I appreciate the comments about how we need 
assistive technology, yes, but we need to make sure that 
technology is affordable, and rethinking how we can expand 
access to that technology.
    Mr. Dennis, I appreciated your comments around the stigma 
of assertive technology and how we need to rethink what 
assistive technology means.
    Dr. Schur, I really appreciated your comments about how the 
digital divide, which we are so aware of, what extra impact it 
has on people living with disabilities. So, I just really 
appreciate this conversation so much.
    I want to go to Ms. Lay-Flurrie. You know, I appreciated 
very much hearing the work that Microsoft is doing on 
disability inclusion and reframing this as a strength and not 
a--kind of a--it is a strength for the company, as well as for 
the abled employees at the company.
    I am really proud of the work--I want to focus on one 
thing. I am really proud of the work that the PACER Center in 
Minnesota is doing in this space. PACER hosts something called 
the Simon Technology Center, which is dedicated to making 
technology more accessible to children and adults with 
disabilities, and they are providing services of resources that 
help children and adults with a wide variety of disabilities 
use this technology to enhance their learning or their work or 
their personal independence. This technology is even being 
available--being made available to very young children, age 
birth to 5, under a program they have called the TIKES Project.
    Ms. Lay-Flurrie, could you talk a little bit about this as 
we look forward? We have talked a lot about sort of what we 
have learned from the pandemic, but could you talk to us a 
little bit about what you anticipate going forward? And what do 
we have to look forward to when it comes to technology?
    Ms. Lay-Flurrie. Thank you so much for the question. I 
think when we look at the world of technology, we are in a sea-
change moment, partly driven by the pandemic, but also a 
movement that was happening previous to that has been 
accelerated by everything that has occurred.
    The cost of technology is coming down, the availability of 
accessibility features is moving within the box, and the 
ecosystem is growing to empower complex needs. What that 
basically means is, to give an example, we worked with--and 
continue to work with a great guy called Steve Gleason, an NFL 
player for the New Orleans Saints, who has ALS and is the CEO 
of a non-profit called Team Gleason.
    When we met in 2014, his technology was around, and 
technology then for people with ALS, was around 15 to $20,000. 
We have been able to work with him to reduce the cost of that 
technology and move many features within the core of the 
operating system.
    Within Windows, there is now eye control. You can move a 
mouse with your eyes. There is also color blindness filters. 
There is all manner of good stuff if you want to check some of 
those out. These are features that were not there previously, 
and that did move the cost of the system to $2,500 as opposed 
to 15 to 20.
    We are seeing a basic sea change and a rapid innovation, 
and also driven by artificial intelligence, which is powering a 
lot of the automated captioning that you are seeing in systems 
today. We perceive and will continue to drive that movement 
forward and focus on affordability, but ease of access, ease of 
use, to promote people to really get into the world of 
accessibility.
    Senator Smith. Thank you so much. Mr. Dennis, I have a 
quick question for you. In making sure that youth with 
disabilities can get access to great career opportunities, 
employment opportunities, is so important so that people have 
the opportunity to build the lives that they want to live.
    There are 15.1 million people of working age living with 
disabilities in the United States. And research shows that if 
companies would embrace inclusion, they would gain access to 
this incredible talent pool. This seems to me to be 
particularly important as we hear everywhere in our Country 
about a shortage of workers.
    Could you just--I am a little--almost a little over time, 
but could you just talk a little bit about how this--important 
this is when we think about transitioning young people with 
disabilities into higher education or a career as they are 
leaving high school and how many do pay attention to that?
    Mr. Dennis. Absolutely. I will do my best to be brief.
    One of the biggest things that matters with transition at 
any age from unemployment to employment is the idea of 
understanding where your opportunities lie. So, it is so 
important that we get in front of those youth at those 
transition ages and help them understand the employment 
opportunities that really lie before them, with or without 
disability status.
    For those who experience disabilities, for companies that 
really want to be ahead of the curve, invite the community in. 
Let them learn about your job. You hear about all the great 
examples that Microsoft is doing. But, large or small, every 
organization can do this.
    Touch base with your school district. Have those classes, 
special ed, what have you, come in, learn about the variety of 
jobs you have in your company from the top to those entry-level 
and learn--and also learn about--take those opportunities to 
learn about how you can make the day-to-day functionality of 
your company work better for individuals through assistive 
technology, through cultural initiatives, through outreach to a 
variety of communities.
    But, absolutely, it is much easier to start your trajectory 
high and maintain that than to really try and jump in later 
points in life. But, it is so very, very imperative that we do 
connect with those youth to get them understanding what work 
is, what it can do, and again, those opportunities that exist 
within their communities.
    Senator Smith. Thank you so much. Thank you, Chair Murray.
    The Chair. Thank you.
    Senator Rosen.
    Senator Rosen. Thank you, Chair Murray, Ranking Member Burr 
for holding this hearing, especially making it a bipartisan 
hearing. This is a topic we should all be able to discuss with 
experts who work together on, and so I really appreciate this 
so much.
    I want to talk about access to technology. I know people 
have been talking about this. We have heard some today about 
how technology can allow individuals with disabilities to 
participate more fully in employment, but I would like to 
better understand how Federal investment and support can make 
sure that technology reaches every household that needs it, 
including low income and our rural areas.
    Ms. Lay-Flurrie, from the perspective of a technology 
company, what are the barriers to getting newer technologies 
into the hands of people with disabilities, from disabled 
veterans to people living in our rural communities? And what 
solutions should Congress consider or partner with in order to 
get these technologies out for everyone?
    Ms. Lay-Flurrie. Thank you so much for a great question.
    Yes, I do. I would love for every single American to have 
access to the technology they need in this modern-day society, 
and I do believe that policy does need to modernize to accept 
the reality of where technology is today, let alone where it is 
going.
    I do want to acknowledge very clearly that in order to have 
full inclusion in society today, you need to be digitally 
connected, and that is a problem when we consider rural 
communities, and the challenges of getting that connectivity 
combined with technology and all of the accessibility within 
those boxes, or additional assistive technology, that an 
individual may need. And, I think we need to recognize that as 
a problem and move policies toward it so that we can really 
work to tackle this. If people cannot access health websites, 
create doctor visits, it is--it can all be done online these 
days if you have the right technology in your hands. And I 
think that is the problems that we need to address.
    Senator Rosen. Well, thank you. I agree. Broadband 
deployment across our rural communities, underserved area, and 
the rural and State and local Workforce Programs together who 
are partnering with us can really ensure individuals have that 
access to technology.
    I would like to move in the short time that I have left to 
talk about a community that needs to be discussed, which is our 
disabled veterans. Because we have heard from our witnesses 
today the COVID-19 pandemic has just caused high rates of 
unemployment not across the Nation, but especially for people 
with disabilities, and I would like specifically to talk about 
disabled veterans.
    Nevada, of course, home to over 200,000 veterans, many of 
whom are disabled and who deserve to have access to equitable 
employment opportunities after sacrificing so much for our 
freedom.
    One program addressing this at the Federal level is a 
Veteran Rapid Retraining Assistance Program. It was launched 
last year and it provides training to high-demand jobs for 
veterans who are unemployed as a result of the pandemic. 
Likewise, in Nevada, we have also had a number of efforts aimed 
at increasing employment opportunities for disabled veterans by 
providing training and opportunities, and encouraging our 
employers to hire more disabled veterans.
    Dr. Schur, can you talk to us about your finding that 
people with disabilities face more difficulties in obtaining 
jobs specifically as it applies to disabled veterans?
    Dr. Schur. Sure. There definitely are barriers. There are 
certain assumptions that employers make when someone applies 
for a job. We have been involved in a recent study that does 
find, however, that employers are sometimes more willing to 
hire someone with veteran status because they see this person 
as heaving served our Country and having certain skills that 
you get through the military.
    We did a study where we sent resumes, some that had veteran 
status and some that did not, but were basically the same, and 
some that had disability status and some that did not, and 
found that being a veteran, having that experience, seemed to 
overcome that barrier to a large extent than having a 
disability did in terms of employer willingness to consider 
that person for a job.
    I think that is a positive finding in terms of employment 
of veterans, but there is still a ways to go, clearly.
    Senator Rosen. Well, there certainly is, and I hope that we 
can continue this conversation to discuss how workforce 
programs, Federal, State and local, can really help our 
veterans, our rural communities, and our disability community 
to fill so many jobs out there and really become a better part 
of the fabric of our employment picture.
    Thank you, Madam Chair.
    The Chair. Thank you. And votes have been called, so 
Senator Burr, I will turn to you if you have any final comment.
    Senator Burr. Madam Chairman, let me thank you for this 
hearing. And to our witnesses, you bring an incredible 
firsthand knowledge of the issues we are dealing with.
    I have got to admit, Patty that I sat here thinking, what 
would this hearing have looked like 28 years ago when I came to 
Congress? I think many of the challenges that we talked about 
would be the same. I think what is so significantly different 
is technology has provided us an unlimited basket of 
opportunities for individuals with disabilities if we will 
define more clearly the pathways for people to access those.
    We thank you all for the expertise you have brought and for 
the experience you have brought, and our hope--my hope is that 
collectively, we will find a way to refine those pathways, that 
individuals can journey toward that unlimited bucket of 
opportunities. Thank you.
    The Chair. Thank you. Well stated. I appreciate that.
    That will end our hearing today. I want to thank all of our 
colleagues, as well as our witnesses, for really a thoughtful 
conversation. So, thank you to Dr. Schur, Ms. Lay-Flurrie, Mr. 
Kineavy, and Mr. Dennis. We really appreciate your testimony 
and answers today.
    By the way, for everyone who worked to make this hearing 
accessible, I really appreciate the work of all of you.
    For any senators who wish to ask additional questions, 
questions for the record will be due in 10 business days, 
February 23d, at 5 p.m.
    With that, the Committee stands adjourned.

                          ADDITIONAL MATERIAL

         National Developmental Disability Network for Programs

    On behalf of the three programs funded under the 
Developmental Disabilities Assistance and Bill of Rights Act 
(DD Act) \1\, the Association of University Centers on 
Disabilities (AUCD), National Disability Rights Network (NDRN) 
and National Association of Councils on Developmental 
Disabilities (NACDD) submit the following Statement for the 
Record in advance of the hearing. For over 50 years, the 
central purpose of the DD Act has been to ``assure that 
individuals with developmental disabilities and their families 
participate in the design of and have access to needed 
community services, individualized supports, and other forms of 
assistance that promote self-determination, independence, 
productivity, and integration and inclusion in all facets of 
community life, through culturally competent programs.'' \2\ 
The DD Act, and other Federal statutes, have been the driving 
force for people with developmental disabilities to have the 
opportunity to live and work in their communities as equal and 
full members.
---------------------------------------------------------------------------
    \1\  42 U.S.C. Sec.  15001 et seq.
    \2\  42 U.S.C. Sec.  15001(b)
---------------------------------------------------------------------------
    Increasing opportunities for people with disabilities to 
obtain or maintain competitive integrated employment (CIE) has 
been a long standing and central priority for all of the DD Act 
partners. On behalf of the DD Act partners who are located in 
every state, territory, the District of Columbia, Puerto Rico, 
and U.S. territories (American Samoa, Guam, U.S. Virgin 
Islands, and the Northern Mariana Islands), we submit these 
comments and recommendations.

                            Legal Framework

    Thirty years after passage of the Americans with 
Disabilities Act (ADA) the promise to remove barriers to 
employment for people with disabilities still remains to be 
achieved. People with disabilities continue to experience 
discrimination and numerous barriers to CIE. In 1990, Congress 
enacted the ADA ``to provide a clear and comprehensive national 
mandate for the elimination of discrimination against 
individuals with disabilities.'' \3\ Congress stated that the 
``Nation's proper goals are to assure equality of opportunity, 
full participation, independent living, and economic self-
sufficiency'' for people with disabilities. \4\
---------------------------------------------------------------------------
    \3\  42 U.S.C. Sec. 12101(b)(1).
    \4\  42 U.S.C. Sec. 12101(a)(7)

    Congress recognized in the ADA, that society has 
``historically tended to isolate and segregate individuals with 
disabilities, and, despite some improvements, such forms of 
deinstitutionalization against individuals with disabilities 
continue to be a serious and pervasive problem.'' \5\ While 
Title I of the ADA addresses discrimination in employment by 
private employers, Title II of the ADA protects a ``qualified 
individual with a disability from being ``excluded from 
participation in or being denied the benefits of services, 
programs, or activities of a public entity'' \6\ or being 
``subjected to discrimination by any such entity.'' \7\ As 
directed by Congress, the Attorney General promulgated 
regulations necessary to implement Title II, including its 
integration mandate: ``A public entity shall administer 
services, programs and activities in the most integrated 
setting appropriate to the needs of qualified individuals with 
disabilities.'' \8\ Title II's integration mandate reflects the 
recognition that ``[i]ntegration is fundamental to the purposes 
of the Americans with Disabilities Act. Provision of segregated 
accommodations and services relegates people with disabilities 
to second-class status.'' \9\
---------------------------------------------------------------------------
    \5\  42 U.S.C. Sec. 12101(a)(2).
    \6\  42 U.S.C. Sec. 12132
    \7\  Id.
    \8\  28 C.F.R. Sec. 35.130(d)
    \9\  28 C.F.R. Pt., App. B.

    In 2014, Congress passed the Workforce Innovation and 
Opportunity Act (WIOA). \10\ One of the purposes of WIOA is 
``to increase, for individuals in the United States, 
particularly those individuals with barriers to employment, 
access to and opportunities for the employment, education, 
training, and support services they need to succeed in the 
labor market''. \11\ Title IV of WIOA specifically focuses on 
making amendments to the programs in the Rehabilitation Act of 
1973 regarding the provision of employment services to people 
with disabilities. WIOA prioritizes CIE, where people with 
disabilities work in mainstream jobs alongside, and are paid 
comparable wages to, co-workers without disabilities. Despite 
the framework included in the ADA, the definition of CIE in 
WIOA recognizes two critical differences that make employment 
for people with disabilities different from most people without 
disabilities. Most people without disabilities go ``to work'' 
or ``are employed''. The assumption for those people without 
disabilities is that they will be integrated when they go to 
work and will be paid a competitive wage. For many people with 
disabilities, this has not been the reality for them, hence the 
need to define CIE in WIOA.
---------------------------------------------------------------------------
    \10\  29 U.S.C. Sec. 3101 et. seq.
    \11\  29 U.S.C. Sec. 3101(1)

    Low expectations are among the most significant barriers 
for people with disabilities obtaining or maintaining CIE. 
While progress has been made, thirty years after the ADA many 
people with disabilities are still relegated to segregated 
employment and/or sub-minimum wage employment. Too many people 
with disabilities continue to be funneled into segregated and/
or sub-minimum wage employment, frequently known as sheltered 
workshops, where they are isolated from co-workers without 
disabilities and broader society and are legally paid pennies 
on the dollar under Section 14(c) of the Fair Labor Standards 
Act (FLSA). \12\
---------------------------------------------------------------------------
    \12\  29 U.S. C. Sec. 214(c)
---------------------------------------------------------------------------

   Impact of the COVID-19 Pandemic on the Employment of People with 
                              Disabilities

    The COVID-19 pandemic has further exacerbated the already 
existing barriers to people with disabilities maintaining or 
retaining CIE. The National Council on Disability (NCD) in the 
2021 ``Progress Report: The Impact of COVID-19 on People with 
Disabilities'' submitted to Congress and the Administration 
focused on the impact of the pandemic on people with 
disabilities and concluded in regards to employment that 
``prior to the COVID-19 pandemic, nearly two-thirds of working-
age Americans with disabilities were left out of the labor 
market altogether. \13\ Fewer than one-third of working-age 
people with disabilities had a job, compared to nearly three 
quarters of working-age people without disabilities. \14\ This 
employment gap of 40 or more points has remained steady for 
years. \15\ ``The onset of the COVID-19 pandemic triggered a 
massive decline in employment, and the initial hit had a 
disproportionate impact on people with disabilities. By the end 
of April 2020, nearly 1 million people with disabilities lost 
their jobs, representing about 20 percent of working people 
with disabilities. By comparison, 14 percent of people without 
disabilities lost their jobs.'' \16\ Two years into the 
pandemic, as of January 2022, the employment participation rate 
of people with disabilities is 37.5 percent compared to 76.4 
percent for people without disabilities. \17\ Furthermore, 
people without disabilities are entering the workforce at a 
quicker rate than people with disabilities. From January 2021 
to January 2022, the labor force participation rate for people 
with disabilities has only increased by 9 percent compared to 
4.7 percent for people without disabilities. \18\
---------------------------------------------------------------------------
    \13\  National Council on Disability (NCD). (2021). The Impact of 
COVID-19 on People with Disabilities. https://ncd.gov/sites/default/
files/NCD--COVID-19--Progress--Report--508.pdf.
    \14\  Id.
    \15\  Id.
    \16\  Id.
    \17\  Kessler Foundation. (2022, February 4). nTIDE January 2022 
Jobs Report: People with disabilities build on job gains to break 
historic records. https://kesslerfoundation.org/press-release/nTIDE-
January-2022-Jobs-Report.
    \18\  Id.

    People with Disabilities in America (p. 12). Institute on 
Disability (IOD) at the University of New Hampshire (UNH). 
https://disabilitycompendium.org/

                Significant Barriers and Recommendations

    It is within this research and legal framework that the DD 
Act partners identify the following five areas as some of the 
most significant barriers to CIE for people with disabilities 
and offer some possible policy solutions that we believe the 
Committee should consider immediately implementing to address 
these barriers. The DD Act partners are also supportive of the 
recommendations included in Chapter 5 on COVID and Employment 
in the 2021 Progress Report: The Impact of COVID-19 on People 
with Disabilities. \19\
---------------------------------------------------------------------------
    \19\  Supra, note. 13.
---------------------------------------------------------------------------

    Barrier 1: Implementing and Fully Funding the Individuals with 
                       Disabilities Education Act

    When Congress passed the Education for All Handicapped 
Children Act, now known as the Individuals with Education Act 
(IDEA), it promised that the Federal Government would pay 40 
percent of the average cost to educate a student with 
disabilities. Later, Congress amended the law to promise that 
the Federal Government would pay a ``maximum'' of 40 percent. 
Congress has never lived up to this promise creating a 
significant barrier to students with disabilities receiving a 
``free and appropriate public education'' and obtaining a high-
school diploma. In 2019, 16.4 percent of young adults with 
disabilities had not attained a high school diploma, compared 
to 7.3 percent of their peers without disabilities, reflecting 
a gap of 9.0 percentage points. \20\ Not receiving a high-
school diploma limits the jobs that students with disabilities 
are qualified for and creates a significant barrier to 
obtaining CIE.
---------------------------------------------------------------------------
    \20\  Rehabilitation Research and Training Center on Disability 
Statistics and Demographics. (2020). 2020 Annual Report onPeople with 
Disabilities in America (p. 12). Institute on Disability (IOD) at the 
University of New Hampshire (UNH). https://disabilitycompendium.org/
---------------------------------------------------------------------------

                            Recommendations

         LCongress should immediately pass the IDEA Full 
        Funding Act and fully fund the Individuals with 
        Disabilities Education Act (H.R. 5984/S. 3213)

                 Barrier 2: Decoupling Public Benefits

    Many people with disabilities rely on Supplemental Security 
Income (SSI) for income and Medicaid to obtain healthcare 
including long-term services and supports (LTSS). These 
programs are means-tested. By these programs being means-
tested, people with disabilities are forced to live in poverty 
to get these critical supports to live in the community. These 
critical benefits are often essential to avoiding unnecessary 
institutionalization and potentially death. By having federally 
imposed restrictions related to income and assets, many people 
with disabilities do not pursue CIE because they are 
essentially put in the position of deciding between working or 
losing these benefits. As long as the maintenance of publicly 
funded benefits such as SSI and Medicaid are contingent upon 
the maintenance of a low-income and assets, it will continue to 
be incredibly difficult to incentivize people with disabilities 
to seek better employment with higher wages in CIE.

                            Recommendations

         LCongress should immediately pass the Supplemental 
        Security Income Restoration Act (H.R. 3763/S. 2065)

         LCongress should pass legislation to decouple 
        eligibility for Medicaid and Medicare from eligibility 
        for cash benefits. The legislation should allow people 
        with disabilities covered by Medicaid and/or Medicare 
        through the SSI and SSDI programs to work and to retain 
        their existing healthcare coverage permanently, without 
        cost to the individual and without any complex 
        paperwork. \21\
---------------------------------------------------------------------------
    \21\  Supra note 13.
---------------------------------------------------------------------------

    Barrier 3: Repeal Section 14(c) of the Fair Labor Standards Act

    Section 14(c) of the Fair Labor Standards Act permits 
employers to pay some people with disabilities less than the 
minimum wage. \22\ This program is incompatible with the goals 
of the ADA and WIOA. By maintaining section 14(c), Congress is 
endorsing the perpetuation of a life of poverty and dependency 
for people with disabilities who are paid sub-minimum wages. 
The continued existence of this program creates a significant 
barrier to CIE by holding some people with disabilities to the 
lowest expectations as to their ability to work in CIE. 
Employers need to be supported to transition their models from 
segregated sub-minimum wage employment to one that supports 
CIE.
---------------------------------------------------------------------------
    \22\  29 U.S.C. Sec. 201 et seq.
---------------------------------------------------------------------------

                            Recommendations

         LCongress should immediately pass the Transformation 
        to Competitive Integrated Employment Act (H.R. 2373/S. 
        3238)

             Barrier 4: Providing Reasonable Accommodations

    Title I of the ADA states that employers of more than 15 
employees will not ``discriminate against a qualified 
individual on the basis of disability in regard to job 
application procedures, the hiring, advancement, or discharge 
of employees, employee compensation, job training, and other 
terms, conditions, and privileges of employment.'' \23\ An 
employee with a disability is considered qualified if they can 
perform the essential functions of the job with or without 
reasonable accommodations. \24\
---------------------------------------------------------------------------
    \23\  42 U.S.C. Sec. 12112(1).
    \24\  42 U.S.C. Sec. 12112(8).

    While the ADA provides for reasonable accommodations, 
obtaining accommodations and related enforcement of the ADA 
continues to be a barrier to CIE. Human resource professionals 
continue to lack knowledge about how to provide and the costs 
for providing reasonable accommodations as well as the impact 
of accommodations on the development of trust and the ability 
of workers with disabilities to meet expectations of 
productivity. \25\ Additionally, we have heard anecdotally that 
employers believe that they must hire people with disabilities 
who would otherwise be unqualified for the job and that people 
with disabilities cannot be terminated for cause for fear that 
it could trigger a lawsuit. Clearly this is untrue. This 
misunderstanding of the ADA almost undoubtedly prejudices 
employers against hiring people with disabilities. Furthermore, 
the COVID-19 pandemic has increased the need for reasonable 
accommodations as many workers have transitioned to telework 
and/or flexible work schedules. This underscores the need for 
both more education about the ADA and reasonable 
accommodations, and improved enforcement of the ADA.
---------------------------------------------------------------------------
    \25\  Disability Employment TA Center. (2021). Transforming 
Networks through Systems Change, Innovation, and Collaboration. https:/
/aoddisabilityemploymenttacenter.com/wp--content/uploads/2021/05/AoD--
TA--Center--Landscape--Assessment--Final--without--Appendices--
4.30.2021--508.pdf
---------------------------------------------------------------------------

                            Recommendations

         LThe government should prioritize enforcement of the 
        ADA and Sections 501 and 503 of the Rehabilitation Act 
        to ensure that workers with disabilities receive 
        reasonable accommodations needed to obtain or maintain 
        CIE.

         LThe Federal Government should issue guidance on 
        effective telework tools and highlight the benefit of 
        telework for many people with disabilities.

         LCongress should pass the Disability Employment 
        Incentive Act (H.R. 3765/S. 630)

     Barrier 5: Improving School to Work Transition and Vocational 
                             Rehabilitation

    School to college or work transition is critical for 
students to obtain CIE. The Higher Education Opportunity Act's 
Transition and Postsecondary Programs for Students with 
Intellectual Disabilities (TPSID) programs provide students 
with disabilities the opportunity for post-secondary education 
and the opportunity to gain the skills needed for CIE. Another 
avenue for students with disabilities to gain the skills need 
for CIE is through apprenticeships. Furthermore, WIOA requires 
vocational rehabilitation (VR) to spend 15 percent of their 
annual budget on supporting the provision of pre-employment 
transition services (pre-ETS) for youth and young adults with 
disabilities. \26\ However, there is evidence to suggest that 
VR does not consider pre-ETS a priority or focus and many VR 
programs continue to unilaterally decline support for students 
in TPSID programs despite Federal guidance to the contrary. 
\27\ Additionally, anecdotal evidence suggests that some 
educators and transition counselors stress the importance of 
applying for Social Security as soon as possible rather than 
focusing on post-secondary education, vocation training or job 
development. \28\
---------------------------------------------------------------------------
    \26\  29 U.S.C. Sec. 730(d)(1)
    \27\  Supra note 25.
    \28\  Id.
---------------------------------------------------------------------------

                            Recommendations

         LCongress should conduct an oversight investigation to 
        do a study to understand why VR is not focusing efforts 
        on pre-ETS or require the GAO to do a study.

         LCongress should increase funding for other programs 
        that interact closely with VR such as the Client 
        Assistance Program.

         LCongress should pass the National Apprenticeship Act 
        (H.R. 447)

         LCongress should provide additional funding to expand 
        the TPSID program.

                                ------                                


                   National Disability Rights Network

    NDRN is the non-profit membership association of Protection 
and Advocacy (P&A) and Client Assistance Program (CAP) agencies 
that are located in all 50 States, the District of Columbia, 
Puerto Rico, and the United States territories. In addition, 
there is a P&A and CAP affiliated with the Native American 
Consortium which includes the Hopi, Navajo and San Juan 
Southern Paiute Nations in the Four Corners region of the 
Southwest. Employment of people with disabilities as before the 
pandemic, and now after as the economy recovers, is one of the 
top priorities for P&A and CAP network.

   Federal Policies Impacting Employment of People with Disabilities

    Increasing employment opportunities and breaking down 
barriers to employment for people with disabilities has been a 
long held goal for the disability community as a whole. In 
1990, Congress enacted the Americans with Disabilities Act 
(ADA) which provides a clear and comprehensive national mandate 
for the elimination of discrimination against individuals with 
disabilities.. 42 U.S.C. Sec.  12101(b)(1). This landmark civil 
rights statue also makes clear that not only should people with 
disabilities be free from discrimination in the ongoings of 
their daily life, but also in workplace. In the Findings and 
Purpose section of the ADA, Congress pays particular attention 
to the issue of the employment of people with disabilities:

    (3) discrimination against individuals with disabilities 
persists in such critical areas as employment, housing, public 
accommodations, education, transportation, communication and 
access to public services (7) the Nation's proper goals 
regarding individuals with disabilities are to assure equality 
of opportunity, full participation, independent living, and 
economic self-sufficiency for such individuals 42 U.S.C. 
Sec. 12101(a).

    In the Findings and Purpose section of the ADA, Congress 
demonstrated its concern for the employment and economic self-
sufficiency that comes with employment of people with 
disabilities and expressed a heightened concern that people 
with disabilities are improperly segregated in our society. 42 
U.S.C. Sec. 101(a)(2), (3), (5) and (7).

    Additionally, the Workforce Innovation and Opportunity Act 
(WIOA) of 2014 prioritizes competitive integrated employment 
(CIE), where people with disabilities work in mainstream jobs 
alongside, and are paid comparable wages to, co-workers without 
disabilities.

    There is a clear statutory, legal and policy foundation for 
focusing on the employment of people with disabilities. 
Unfortunately, while stride have been made, practically 
speaking the ultimate goal of full participation, independent 
living, and economic self-sufficiency for such individuals has 
yet to be realized. Unfortunately, the employment rate for 
people with disabilities continues to be lower when compared to 
people without disabilities. Too many people with disabilities 
continue to be funneled into segregated sheltered workshops, 
where they are isolated from co-workers without disabilities 
and broader society and are legally paid pennies on the dollar 
under Section 14(c) of the Fair Labor Standards Act (FLSA).

    Below, we outline from our perspective barriers to the 
employment of people with disabilities and potential policy 
solutions we believe the Committee should consider in order to 
address this problem.

               Public Benefits as Barriers to Employment

    Despite their good intentions, several long-standing 
Federal policies impacting people with disabilities actually 
serve as a barrier to employment or disincentivize full 
employment for people with disabilities. Eligibility limits for 
publicly funded Federal programs tied to means testing present 
a significant barrier to employment of people with disabilities 
particularly in CIE. A number of individuals with disabilities 
rely on Social Security and Medicaid to obtain long-term 
services and supports (LTSS) critical to living independently 
and maintaining health care coverage such as Medicaid.1 These 
critical benefits are often essential to avoiding unnecessary 
institutionalization and potentially death. Most individuals 
with disabilities who come to rely on these services do not 
have the assets or income required to take on such medical 
expenses. \1\
---------------------------------------------------------------------------
    \1\  MPRESSED Media. (2021, December 21). RESOURCES FOR AoD 
GRANTEES. Disability Employment TA Center. https://
aoddisabilityemploymenttacenter.com/resources--for--aod--grantees/
;https://aoddisabilityemploymenttacenter.com/wp--content/uploads/2021/
05/AoD--TA--Center--Landscape--Assessment--Final--without--Appendices--
4.30.2021--508.pdf and https://aoddisabilityemploymenttacenter.com/wp--
content/uploads/2021/05/AoD--TA--Center--Landscape--Assessment--
Appendices--PA--4.30.21--508.pdf

    These federally imposed restrictions related to income and 
assets serve as a major barrier for individuals with 
disabilities from pursuing employment because they are 
essentially put in the position of deciding between working up 
to preferred optimal hours, or accepting higher wages or 
putting access to publicly funded services at risk.1 As long as 
the maintenance of publicly funded benefits such as 
Supplemental Security Income and Medicaid are contingent upon 
the maintenance of a low-income and assets, it will continue to 
be incredibly difficult to incentive people disabilities to 
seek better employment with higher wages in a CIE environment.

                            Recommendations:

         LCongress should pass the Supplemental 
        Security Income Restoration Act. \2\
---------------------------------------------------------------------------
    \2\  Brown Leads Senators in Introducing Historic Legislation to 
Update Long-Neglected Social Security Program to Ensure Older Adults & 
People with Disabilities are No Longer Trapped in Poverty--U.S. Senator 
Sherrod Brown of Ohio. (2021, June 16). Sherrod Brown. https://
www.brown.senate.gov/newsroom/press/release/social--security--program--
update

         LPass legislation to decouple eligibility for 
        Medicaid and Medicare from eligibility for cash 
        benefits. The legislation should allow people with 
        disabilities covered by Medicaid and/ or Medicare 
        through the SSI and Social Security Disability 
        Insurance (SSDI) programs to work and to retain their 
        existing healthcare coverage permanently, without cost 
        to the individual and without any complex paperwork. 
        \3\
---------------------------------------------------------------------------
    \3\  2021 Progress Report: The Impact of COVID-19 on People with. 
(2021, October 29). National Council on Disability. https://ncd.gov/
progressreport/2021/2021--progress--report
---------------------------------------------------------------------------

             Section 14(c) of the Fair Labor Standards Act

    Section 14(c) of the Fair Labor Standards Act is a 
provision that permits employers to pay some people with 
disabilities even less than the minimum wage. The continuance 
of this program greatly threatens the ability for all people 
with disabilities to work in an CIE environment. Section 14(c) 
is incompatible with both (ADA), which establishes economic 
self-sufficiency for people with disabilities as a goal, and 
WIOA which priorities competitive integrated employment, where 
people with disabilities work in mainstream jobs alongside, and 
are paid comparable wages to, co-workers without disabilities. 
By maintaining section 14(c), the Federal Government is doing 
nothing more than endorsing the perpetuation of a life of 
poverty and dependency for people with disabilities who are 
paid sub-minimum wages.

    The evidence over the years has shown that full employment 
of people with disabilities is not only possible but probable 
if high expectations are set and individuals are provided the 
supports and services they need. We cannot assume that classes 
of people, including those with even the most significant 
disabilities, are incapable of participating in full, 
competitive, and integrated employment.

                            Recommendations

         LCongress should pass the Transformation to 
        Competitive Integrated Employment Act (H.R. 2373/S. 
        3238).

                           Job Accommodations

    Under the ADA, employees with disabilities who are 
qualified for the job may request reasonable accommodations 
from their employer in order to perform the essential functions 
of that job and enjoy equal employment opportunities. While the 
ADA provides for reasonable accommodations, obtaining 
accommodations and related enforcement of the ADA remain a 
barrier to employment for people with disabilities. Human 
resource professionals continue to lack knowledge about 
expenses for providing legally protected accommodations as well 
as the impact of accommodations on the development of trust and 
the ability of workers with disabilities to meet productivity 
expectations.

    Additionally, we have heard anecdotally that employers 
believe that they must hire people with disabilities who would 
otherwise be unqualified for the job and that people with 
disabilities cannot be terminated for cause for fear that it 
could trigger a lawsuit. This misunderstanding of the ADA and 
reasonable accommodations almost undoubtedly prejudices 
employers against hiring people with disabilities. Examples of 
reasonable accommodations NDRN has recommended include a more 
flexible work schedule, time off for medical appointments and 
therapy, and a quieter work environment. \4\
---------------------------------------------------------------------------
    \4\  Blum, D. (2021, September 6). Feeling Anxious About Returning 
to the Office? Here's What You Can Do. The New York Times. https://
www.nytimes.com/2021/08/25/well/mind/return--to--office-anxiety.html

    The COVID-19 pandemic has increased the prevalence of 
accommodations as many workers have transitioned to telework 
and/or flexible work schedules. This underscores the need for 
both more education about the ADA and reasonable accommodations 
among employers and enforcement of the ADA in the workplace.

                            Recommendations

         LThe Federal Government should prioritize 
        enforcement of the Americans with Disabilities Act and 
        Sections 501 and 503 of the Rehabilitation Act to 
        ensure that workers with disabilities receive 
        reasonable accommodations needed to secure or maintain 
        employment, including accommodations needed due to the 
        pandemic.

         LThe Federal Government should Issue guidance 
        on effective telework tools and highlight the benefit 
        of telework for many people with disabilities.

 Vocational Rehabilitation and Education of Students with Disabilities

    Some people with disabilities face barriers to employment 
beginning when they are students. Unfortunately, the systems in 
place to assist students with disabilities obtain meaningful 
and long-term employment in a CIE setting do not function as 
intended. The consequence of this is that students with 
disabilities can get funneled into segregated employment and/or 
public benefits after which it can become harder to transition 
to CIE.

    For example, under WIOA, Vocational Rehabilitation (VR) 
Systems are required to spend 15 percent of their annual 
budgets on supporting the provision of pre-employment 
transition services (pre-ETS) for youth and young adults with 
disabilities. However, there is evidence to suggest that VR 
systems do not consider pre-ETS is not a priority or focus for 
VR.

    Additionally, we have heard that some educators and 
transition counselors stress the importance of applying for 
Social Security as soon as possible rather than focusing on 
post-secondary education, vocation training or job 
development.1 The underlying message here being that the 
student will need Social Security benefits immediately and over 
the long-terms because they are not able to pursue a career and 
become financially independent.1 Students without disabilities, 
however, are supported in exploring career pathways and post-
secondary options throughout school.

                            Recommendations

         LThe Federal Government should conduct 
        oversight to better understand why VR is not focusing 
        efforts on pre-ETS.

         LThe Federal Government should increase 
        funding for other programs that interact closely with 
        VR such as the Client Assistance Program.

                                ------                                

    [Whereupon, at 11:43 a.m., the hearing was adjourned.]

                                  [all