Human Resource Blog

Rehabilitation Act in North Carolina

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Which of our employees qualifies for coverage under the Rehabilitation Act in North Carolina?

The Rehabilitation Act is a federal Act that potentially applies to all employees in states across the country, not just employees in North Carolina. However, the Act does not apply to all employees or employers. In order for employees to be eligible for coverage, they need to first work for an employer that is eligible for coverage.

When an employer and employee are both eligible for coverage, the employer may not take a disability into account when making any employment-related decisions about an employee, such as a decision related to hiring, termination, staffing, promotion, or compensation.

Again, not all employers are covered by the Act. In order for an employer to be covered, the employer needs to meet t least one of the following criteria:

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

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

·         Educational institutions may be covered if they receive federal funding

·         Public and private employers may also be covered if they receive federal funding

Employees may be covered if having physical or mental disabilities. An example of a covered mental disability could be depression or an addiction. A covered physical disability could be a missing limb or a visual impairment. Employers should make reasonable accommodations for those employees that have disabilities. For example, if an employee has a visual impairment, the employer should provide the employee with a modified work station so that the employee can view his or her computer better.

Employers may also have to take affirmative action to hire workers with disabilities. For example, if an employer has a federal contract worth at least $10,000, the employer must take affirmative action to hire worker with disabilities. If an employer has a contract worth at least $50,000 and at least 50 employees, the employer should have a written affirmative action plan in place to hire workers with disabilities. CB