Human Resource Blog

Rehabilitation Act in New Mexico

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Do we receive Rehabilitation Act coverage in New Mexico?

Some employers in the state of New Mexico will receive coverage under the Rehabilitation Act. The Act is a federal Act, so it could potentially apply to employers and their employees in states across the country. However, the Act does not apply to all employers.

When the Rehabilitation Act applies to a particular employer, the employer is prohibited from discriminating against employees for reasons that are based on their disabilities. A variety of types of disabilities are covered under the Act, including both physical and mental disabilities. When an employee has a disability, he or she should also have a record of the disability in order to receive coverage under the Act.

An example of a mental disability that could be covered may be depression or an addiction. A physical disability could be a missing limb or a visual impairment. Covered employers should make reasonable accommodations for those employees that have disabilities as well. For example, if an employee is in a wheelchair, the employer should provide the employee with a lower work station so that he or she can reach the desk.

Employers should not take the added cost of the accommodation into account when they are making employment related decisions. Employer should also not take the disability into account at all when they are making decisions related to their personnel, such as hiring, training, termination, promotion, or compensation.

Again, not all employers are covered under the Act. In order to receive coverage, the employee needs to meet at least one of the following qualifications:

·         Be a federal government agency or contractor

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

·         Be a public or private employer receiving federal funds

·         Be an educational institution receiving federal funds. CB