Human Resource Blog

Rehabilitation Act in New Mexico

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Does the Rehabilitation Act cover all of our employees in New Mexico?

The Rehabilitation Act does not cover all employees or all employers. However, because the Act is a federal Act, it may apply to employees and employers in states across the country, including those in the state of New Mexico. When an employee has a physical or mental disability, the employee could be covered by the Act as long as the employee has a history of having the disability and as long as the employer is also covered.

Not all employers are covered by the Act. In order for employers to be covered, they need to meet at least one of the following conditions:

·         They need to be a federal government agency, office, or contractor working in any branch of the government

·         They need to be local or state government agencies, offices, or contractors working in any branch of the government that also receive federal funding

·         They need to be educational institutions that also receive federal funding

·         They need to be public or private employers that receive federal funding

When an employer is covered by the Act, the employer cannot discriminate against employees for reasons that are directly related to their disabilities. Both physical and mental disabilities qualify for coverage under the Act. An example of a physical disability could be a visual impairment. A mental disability could be depression or an anxiety issue.

Employers that are covered are prohibited from taking a disability into account when making any employment-related decisions about an employee, such as a decision related to hiring, promoting, compensating, terminating, or otherwise. Plus, employers should make reasonable accommodations for employees with disabilities. For example, if an employee has an addiction and needs treatment, the employer should work out a treatment schedule with the employee.

Employers with federal contracts worth more than $10,000 also need to have affirmative action plans in place to hire workers with disabilities. CB