Human Resource Blog

Rehabilitation Act in North Carolina

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Are we covered by the Rehabilitation Act in North Carolina?

Employers in the state of North Carolina may qualify for coverage under the Rehabilitation Act as long as they meet some specific criteria. When an employer is covered by the Act, the employer must not take an employee’s disability into consideration when making employment related decisions, such as a decision about hiring, promotion, training, termination, or compensation.

Employees with disabilities are covered by the Act. However, the disability needs to be one that impairs the individual’s ability to function as he or she would be able to without the disability. Both mental and physical disabilities may receive coverage under the Act. The individual also needs to have a record of having the disability in order to receive coverage.

When employees have a disability, the employer should make every effort to make reasonable accommodations for the employee in order to compensate for the disability. For example, if the employee has an addiction, then the employer may need to work with the employee to arrange a treatment schedule.

Again, not all employers are covered by the Act. In order to receive coverage, employers need to meet at least one of the following criteria:

·         Be a federal government agency or contractor working in any branch of the government

·         Be a local or state government agency or contractor that receives federal funds

·         Be an educational institution receiving federal funds

·         Also, public and private employers may receive coverage under the Act if they receive federal funds.

Some types of employers will also need to make special arrangements to hire workers with disabilities. Employers that have federal contracts worth at least $10,000 need to take affirmative action to hire workers with disabilities. Employers that have federal contracts worth at least $50,000 and 50 employees need to have a written affirmative action plan in place in order to hire workers with disabilities. CB