2. Vocational Rehabilitation
3. CIE Plan & Report
4. Training Resources
5. Jointly Approved CIE Definition

Competitive Integrated Employment (CIE) - Jointly Approved CIE Definition

(June 2024)

Competitive Integrated Employment (CIE) jointly approved CIE definition for the Department of Health Services (DHS)/Division of Medicaid Services (DMS) and the Division of Vocational Rehabilitation (DVR).

This document defines CIE for individuals that are jointly served by DHS/DMS and DVR. It also clarifies the mutually agreed upon best practices for consideration of individualized employment situations and employer of record requirements. An employment team should reference this document when exploring employment opportunities for individuals with disabilities to determine if the job opportunity meets the CIE definition.

DHS-DMS/DWD-DVR CIE Definition

Competitive integrated employment

The term "competitive integrated employment" means work that is performed on a full-time or part-time basis (including self-employment)-

1. for which an individual-
   1. is compensated at a rate that-

      (I)(aa) shall be not less than the higher of the rate specified in section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the rate specified in the applicable State or local minimum wage law ; and

      (bb) is not less than the customary rate paid by the employer for the same or similar work performed by other employees who are not individuals with disabilities, and who are similarly situated in similar occupations by the same employer and who have similar training, experience, and skills; and

      (II) in the case of an individual who is self-employed, yields an income that is comparable to the income received by other individuals who are not individuals with disabilities, and who are self-employed in similar occupations or on similar tasks and who have similar training, experience, and skills; and

   2. is eligible for the level of benefits provided to other employees; and
2. that is at a location where the employee interacts with other persons who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that individuals who are not individuals with disabilities and who are in comparable positions interact with other persons;
1. Where the employee with a disability interacts, for the purpose of performing the duties of the position, with other employees within the particular work unit and the entire worksite, and, as appropriate to the work performed, other persons (e.g., customers and vendors) who are not individuals with disabilities (not including supervisory personnel or individuals who are providing services to such employee) to the same extent that employees who are not individuals with disabilities and who are in comparable positions interact with these persons; and
3. that, as appropriate, presents opportunities for advancement that are similar to those for other employees who are not individuals with disabilities and who have similar positions; and
4. that is typically found in the community. To be “typically found in the community”, an employment setting location should be

   eCFR;34 Part 361—State Vocational Rehabilitation Services Program

   1. found in the competitive labor market and
   2. not formed for the purposes of employment for individuals with disabilities (62 CFR at 6310-6311 and 81 CFT at 55642-55643. Exceptions for certified peer mentors are allowed because having lived experience is a requirement for the position and certification in the occupation; and
5. is not sharing a job with another person(s) with disabilities that the business would consider to be one job, unless those sharing a position are working at different times/days. The person is not working in a team (side by side; same work schedule; identical or virtually identical tasks and duties). The working person must be employed or self-employed in a distinct position; and
   
   Clarification: If two or more supported employees are working at the same business location at the same time, and have their own distinct tasks and duties, they are NOT considered to be working in a team.
6. generally, the CIE employer of record must be the business or organization that:
1. Operates the location(s), typically found in the community (as defined above), where the individual engages in paid work; and benefits directly from the work done by the person with a disability.
2. The only exceptions to this expectation are when the business or organization does not typically act as employer of record for other employees without disabilities.

   Example: the employer uses a staffing agency for all employees, and all are paid by that staffing agency.

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