Human Resource Blog

Rehabilitation Act West Virginia

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Does the Rehabilitation Act cover all o four West Virginia employees?

The Rehabilitation Act does not cover all employees in West Virginia. However, when the Act does cover employees, the employer should not discriminate against employees for reasons that are directly related to their disabilities. Because the Act is a federal Act, it potentially covers employees in states across the country, as long as the employer meets certain qualifications.

In order for an employer to be covered by the Act, the employer needs to meet at least one of the following criteria:

·         The employer should be a federal government agency, office or contractor working in any branch of the federal government

·         The employer could be a local or state government office, agency or contractor working in any branch of the government as long as it receives federal funding

·         Private and public employers may be covered as long as they receive federal funding

·         Also, educational institutions could be covered as long as they receive federal funding

When an employer is covered by the Act, the employer should not take an employee’s disability into account during any employment-related period, including periods of hiring, compensation, training, promotion, termination or otherwise. Also, the employer might have to make reasonable accommodations for employees with disabilities. For example, if an employee is in a wheelchair, the employer might have to provide th employee with a modified work station so that he or she can comfortably reach the desk.

Many types of disabilities are covered by the Act, including both physical and mental disabilities. An example of a physical disability could be a visual impairment. A mental disability could be depression or an anxiety disorder.

Some employers will have to take extra care to hire workers with disabilities. For example, if an employee has a contract worth at least $10,000, the employer should take affirmative action to hire workers with disabilities. If an employer has a contract worth at least $50,000, the employer should have a written affirmative action plan in place to hire workers with disabilities. CB