Consumer Control in CILs – is it “reverse discrimination”?

Maybe you’ve heard this, from an applicant who does not declare a disability, or from a board member who doesn’t understand the concepts of consumer control.

“We can’t discriminate in favor of hiring people with disabilities, can we?”

The answer is, not only can we, sometimes we MUST in order to continue a strong culture of consumer control at our center, which is required by statute.

Remember that CILs are required to have more than 50% persons with significant disabilities on the Board of Directors. This is not an issue of discrimination, because this is a volunteer position and employment law doesn’t apply.

CILs are also required to have more than 50% persons with disabilities in the staff who provide services or supports to the organization. Caution: You shouldn’t ask about disabilities during the interview. You can give the applicant an opportunity to self-disclose prior to hiring. I usually explain a little about CILs being consumer controlled, then ask, “What is your personal experience with disability?” Often they will tell me at that time, if their disability is invisible.

Probably the most interesting position related to consumer control is “management”. A lot of centers are small, so there is only one manager. Fifty-one percent of one is one. If there is only one management position the board MUST hire a person with a disability. Even if there are two management positions, 51% of two is two. Both must have a disability.  If your center is large enough you may have management staff with and without disabilities, but must maintain more than 50% with disabilities.

Are there some things you can’t ask or say during the interview? There are. For an excellent article on the subject, check out Blue Avocado, a publication for non-profits.

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