Human Resource Blog

Rehabilitation Act in North Dakota

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Is the Rehabilitation Act applicable to all businesses in North Dakota?

The Rehabilitation Act is not applicant to all businesses in the state of North Dakota. The Act is a federal Act, so it has potential to apply to employees and employers in states across the country. However, employers need to meet specific criteria in order for the Act to be applicable to their businesses.

The Act applies to employers that meet at least one of the following criteria:

·         Federal government agencies, offices, and contractors working in any branch of the government

·         Local and state government agencies, offices, and contractors working in any branch of the government that receive federal funds

·         Educational institutions that receive federal funds

·         Public and private employers that receive federal funds

Employers that are covered by the Act may not discriminate against employees for reasons that are directly related to a disability that the employee could have. Many types of disabilities are covered by the Act, including mental and physical disabilities. An example of a covered mental disability might be depression or an addiction. A covered physical disability could be a missing limb or a visual impairment.

Employers may also have to make special accommodations for employees that have disabilities. For example, if an employee is in a wheelchair, the employer may have to provide the employee with a lower work station so that the employee can reach his or her desk.

Covered employers may not take a disability into account when making any employment-related decisions, such as a decision about hiring, promotion, training, compensation, termination or otherwise. They must prove their reasoning behind a decision, if ever pressed to do so.

Employers with contracts worth at least $10,000 must have an affirmative action plan in place to hire workers with disabilities. Employers with contracts worth at least $50,000 must have a written affirmative action plan in place to hire workers with disabilities. CB