Title I of the Persons with Disabilities Employment Protection Act (PDEPA) prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. The PDEPA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations.
A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.
An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an “undue hardship” on the operation of the employer’s business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation.
An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids.
Employers may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in similar jobs. Medical examinations of employees must be job related and consistent with the employer’s business needs.
Employees and applicants currently engaging in the illegal use of drugs are not covered by the PDEPA when an employer acts on the basis of such use. Tests for illegal drugs are not subject to the PDEPA’s restrictions on medical examinations. Employers may hold illegal drug users and alcoholics to the same performance standards as other employees.
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the PDEPA.
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Related Topics: Anti-Discrimination, Delaware Discrimination in Employment Act (DDEA), Disability Discrimination, Handicapped Persons Employment Protection Act (HPEPA)