Posted by Diane
The Rehabilitation Act applies to many employees in the state of Delaware, as it applies to many employees in states across the country because it is a federal Act. When an employee has a qualifying disability and works for a covered employer, the employer is prohibited from discriminating against the employee for reasons that are based on the disability.
Not all employers are covered under the Act. In fact, only employers that meet the following qualifications will receive coverage under the Act;
· The employee can be a federal government agency, office, or contractor working in any branch of the government
· The employee can be a state government agency, office or contractor working in any branch of the government that receives federal funds
· Educational institutions that receive federal funds may qualify
· Public and private companies that receive federal funds may also qualify for coverage
When an employer is covered by the Act, the employer must not take an employee’s disability into consideration when making any employment related decisions, such as a decision related to hiring, termination, training, compensation or promotion. Also, the employer may have to make reasonable accommodations to suit the employee’s disability. For example, if the employee is in a wheelchair and needs a lower work station, the employer should provide the lower work station.
Employees will receive coverage for a variety of disabilities, including mental and physical disabilities. For example, a mental disability could be depression. A physical disability could be a visual impairment. When an employee has a disability, the employer must overlook the disability and any related cost to the employer when making his or her decisions.
Employees and job applicants are covered by the Act. However, the Act does not protect disabled workers from discrimination that is based on reasons that are unrelated to the disability, such as age or race. CB
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