Human Resource Blog

Rehabilitation Act in Delaware

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What should employers know about the Rehabilitation Act in Delaware?

The Rehabilitation Act is a federal Act that impacts employers in states across the country, including many employers in the state of Delaware. While the Act does not apply to all employers, it does help to ensure that employees that work or intend to work for covered companies will have their rights protected.

When a worker has a disability, such as a physical or a mental impairment, the employee should be able to have reasonable accommodations made so that he or she can work comfortably for the company. A physical disability might require, for example, that a worker has a lower desk than the standard sized desk. A mental disability may require that an employee take time off to manage an addiction or depression.

The Rehabilitation Act helps to guarantee that employers will not discriminate against employees that have a disability during any time that the employer is making a personnel-related decision. For example, the employer could not take the disability into account when hiring, hiring, promoting, or determining the compensation for an employee.

The Rehabilitation Act does not apply to all employers. The following types of employers will be covered in Delaware by the Act:

·         Federal government offices and agencies

·         Federal contractors

·         State and local governments that receive federal funds

·         Other public or private employers that receive federal funds

Also, federal contractor that receive at least $10,000 must take affirmative action to hire persons with disabilities. When a federal department or agency has more than 50 employees and contracts that are worth at least $50,000, the agency must prepare a written affirmative action plan.

When the employee claims that he or she has a disability, the employee needs to prove that he or she has a record for having had a disability. Again, both physical and mental disabilities will qualify for coverage as long as the employee can prove an impairment. CB