Guidance: The counselor (and job placement specialist) must be aware of DRS confidentiality policies in discussions with employers and potential employers. As the employer only needs to know whether the individual has any functional limitations that will impact on job tasks, the counselor must limit the discussion to any potential functional limitations that will impact on the individual’s ability to perform the job tasks or functions identified by the employer. This discussion may also include identifying reasonable accommodations that have been provided or could be provided. An employer cannot ask whether the job applicant is a person with a disability nor ask about the nature (i.e., whether the loss of a leg is indicative of an underlying disease or impairment) or severity of the disability. However, the employer may make pre-employment inquiry into a job applicant’s ability to perform job-related tasks or functions or, if there is a known disability, ask the job applicant to demonstrate or explain how, with or without reasonable accommodation, the individual would perform job-related functions (P.L. 101-336 Americans with Disabilities Act of 1990 and P.L. 102-569 Rehabilitation Act of 1973 as amended in 1993 Title V Section 504; federal technical assistance RSA-TAC-FY-93-01 issued October 2, 1992).
Note: If the service provider is an Employment Services Organization (ESO), this is usually the ESO’s responsibility.
Job placement is the responsibility of the VR client and DRS staff, particularly the VR counselor (per
State Regulation 22 VAC 30-20-120). This is the VR client job search and the VR client must look for job leads and follow up on any other responsibilities as agreed by the VR client and counselor in the Employment Plan. It is not DRS role to get the VR client a job. The counselor may provide some job leads; job placement services, such as mock interviews and resume writing; vocational counseling and guidance regarding self-disclosure, employer’s legal obligations under
P.L. 101-336 Americans with Disabilities Act of 1990; accommodations needed, etc. If the counselor refers the case to a DRS job placement specialist, the specialist, VR client, and counselor shall work as a team in specific job seeking efforts. Job placement specialist assistance may include, but is not limited to, providing information (i.e., labor trends data as a factor when establishing an appropriate employment goal for the Employment Plan, job leads, salary scales, hiring attitudes) and helping to plan and provide appropriate job preparation and placement services.
If the service is provided by a vendor, see the DRS Training and Facilities Manual for the negotiated rate.
For S/I Code when this service is provided by DRS staff, see
DRS Services Reference Manual, Agency Services.
Note: For procedures to authorize services provided by a service vendor rather than by DRS staff, see
Chapter 14.1, PURCHASING, Policy 1.
Chapter 14.04, VENDORS, Policy
Chapter 14.04, VENDORS, Policy 3.
Links to the Code of Federal Regulations (CFR) are currently unavailable while we await federal changes to the vocational rehabilitation program. Upon promulgation of the final regulations the links will be updated and activated.