HOUSE BILL REPORT
HB 1459
BYRepresentatives Barnes, Beck, Sanders, Rasmussen, H. Sommers, K. Wilson and Ferguson
Providing employment preferences for persons with disabilities.
House Committe on State Government
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. (7)
Signed by Representatives H. Sommers, Chair; Anderson, Vice Chair; Chandler, Hankins, O'Brien, Peery and Taylor.
House Staff:Ken Conte (786-7135)
AS REPORTED BY COMMITTEE ON STATE GOVERNMENT FEBRUARY 4, 1988
BACKGROUND:
State law requires that physically disabled persons be employed on the same terms and conditions as able-bodied persons in regards to any position partially or fully funded with public funds.
Under the State Affirmative Action Program disabled persons are considered a protected group and, therefore, agency affirmative action plans are to include goals and procedures for ensuring adequate representation of disabled persons in the agency's work force.
As part of the State's Affirmative Action Program, the Department of Personnel and the Higher Education Personnel Board make special testing accommodations for disabled persons. In addition, if an agency has not met its affirmative action goals, it can, when filling a position, request the referral of three additional names representing a specific protected group or groups (normally, only five names are referred).
Despite the successes of the State's Affirmative Action Program, disabled persons are, in some cases, poorly represented in the State work force.
Under current law, veterans are given a preference in the scoring of competitive examinations for a period of eight years after their release from active service. Under the veterans preference, either ten percent or five percent will be added to a veteran's score depending upon whether the veteran is receiving retirement payments or has been called back to active duty during a period of war.
SUMMARY:
SUBSTITUTE BILL: Persons who have sensory, mental, or physical handicaps are to be given a preference on competitive examinations for positions in state government or institutions of higher education. The preference is to be in the form of five percent added to the individual's passing score based upon a possible perfect score of 100 percent.
The preference will not apply in cases where the person is unable to perform the work. In addition, the preference is restricted to competitive examinations and may not be applied to a promotional examination score.
The Department of Personnel and the Higher Education Personnel Board are to establish criteria for determining eligibility for the preference. Rules adopted by the boards are to ensure equal treatment of employees between jurisdictions.
Veterans who are eligible for both the veterans preference and the preference for handicapped persons may claim only one preference.
SUBSTITUTE BILL COMPARED TO ORIGINAL: The definition of persons eligible for the employment preference is changed from the blind, visually impaired, hearing impaired, and physically disabled to persons with sensory, mental, or physical handicaps. The State Personnel Board and the Higher Education Personnel Board are required to adopt rules, if necessary, defining eligibility for the employment preference. The rules are to ensure equal treatment of employees between jurisdictions. The specific employment preferences of 5 percent and 10 percent depending upon the degree of disability are replaced with a 5 percent preference for any eligible person. The employment preference will apply only to state agencies and institutions of higher education. It will not apply to political subdivisions and municipal corporations. References to permanent total disability and permanent partial disability are deleted. Requirements that the terms be defined are also deleted.
Fiscal Note: Not Requested.
House Committee ‑ Testified For: Representative Dick Barnes, prime sponsor; Sharon Stewart Johnson, Department of Social and Health Services; Tamishia Garrett, Governor's Committee on Disability Issues and Employment; and Jeff Larsen, Washington Assembly for Citizens with Disabilities.
(The following people presented information to the Committee but took a neutral position on the bill: Dorothy Gerard, Higher Education Personnel Board; Julia Graham, Department of Personnel; Russell Scott, Department of Personnel; Kathleen Collins, Association of Washington Cities; and Scott Sigmon, Washington Federation of State Employees.)
House Committee - Testified Against: None Presented.
House Committee - Testimony For: This matter arose as a result of a young man who was blind and had a difficulty taking a multiple choice examination for State service. The State has invested a great deal in the young man's education and it is to the State's advantage to get this person employed. Disabled persons are the most under-represented of all protected groups. Negative public attitudes, low employer expectations, and discrimination all put disabled persons at a serious disadvantage when seeking employment. This proposal should be tied into the Law Against Discrimination. The definition should be changed to persons with sensory, mental, or physical handicaps. Determining the degree of disability could be very difficult. Disabled persons can already get on the hiring registers, the problem is getting the State to aggressively hire these people. (Staff note: The substitute bill responded to many of the concerns expressed during the public hearing.)
House Committee - Testimony Against: None Presented.