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New York Rehabilitation Act

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In New York, are employees covered by the Rehabilitation Act for depression?

The Rehabilitation Act is a federal Act that may pertain to employees and employers in states across the country. However, the Act specifically pertains to employers that meet certain requirements. When the Act does apply to an employer, the employer may not discriminate against employees for reasons that are directly related to physical or mental disabilities that the employees have, including depression.

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

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

·         The employer should be a local or state government agency, office or contractor working in any branch of the government that also receives federal funding

·         The employer should be a public or private institution that receives federal funding

·         The employer could also be an education institutions that receives federal funding

Once an employer meets these employment-related criteria, the employer cannot discriminate against employees or job applicants for reasons that are directly related to a physical or mental disability that the individual has. An example of a physical disability could be a missing limb or a visual impairment. A mental disability could be depression or an addiction.

Also, employers that are covered by the Act should make reasonable accommodations for employees that have disabilities. Therefore, if an employee needs to take time off of work in order to treat his or her depression, the employer should work with the employee to arrange a treatment schedule.

Covered employers should never discriminate against workers with disabilities or job applicants with disabilities during any employment-related period, such as hiring, staffing, compensation, promotion, or termination.

Also, employers with contracts worth at least $10,000 must have an affirmative action plan in place to hire workers with disabilities. CB