You must not discriminate against an employee or applicant because they have a disability, have a history of a disability, or are regarded as having a disability. Several federal disability nondiscrimination laws apply to people with disabilities who are qualified for jobs with covered employers in the private sector, state and local governments, and the Federal Government. In general, this means that you can’t:
Generally, employers cannot ask disability-related questions or require medical examinations until after giving the applicant a conditional job offer.
However, some employers who have federal contracts or subcontracts are required to invite applicants to voluntarily self-identify (via an official government form) as a person with a disability at both the pre- and post-offer stage in order to comply with regulations requiring them to take proactive steps to recruit qualified people with disabilities.
Furthermore, these federal contractors and subcontractors are required to invite current employees to self-identify as a person with a disability every five years for as long as they remain a contractor. It is important to note that such invitations to self-identify are permissible only when the question is being asked for purposes of affirmative measures or is otherwise required by federal law.
You’re obligated to provide reasonable accommodations to help individuals apply for a job, perform their job, or enjoy the benefits of employment, unless doing so would impose undue hardship on the operation of your business.
Discrimination based on a person’s disability may also occur when your apparently fair policies or procedures have an unintentional discriminatory effect on people with disabilities without a strong enough business justification.
We are committed to helping you understand your responsibilities as an employer. Many questions about your responsibilities may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisor:
The Office of Federal Contract Compliance Programs (OFCCP) oversees and enforces Section 503 of the Rehabilitation Act of 1973 (Section 503), a law prohibiting federal contractors and subcontractors from discriminating based on disability status.
By statute, Section 503 provides for a prompt investigation of employment discrimination complaints based on disability status. See 29 U.S.C. § 793(b). Employees and applicants of covered contractors, third parties, and authorized representatives (e.g., a family member, personal representative, or union representative) may file a complaint with OFCCP on behalf of an individual or group.
OFCCP also oversees and enforces the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), the law regarding discrimination based on protected veteran status, including disabled veterans, by federal contractors and subcontractors.
For additional assistance, please contact:
The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.
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