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.

An individual with a disability is a person who…

• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of such an impairment; or
• Is regarded as having such an impairment.

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.

Reasonable accommodation may include, but is not limited to…

• Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
• Job restructuring, modifying work schedules, reassignment to a vacant position;
• Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

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.

The PDEPA also covers

Medical Examinations and Inquiries

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.

Drug and Alcohol Abuse

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.

Related Links

EEOC Enforcement Guidance and Policy Documents:

• Persons with Disabilities Employment Protections Act (PDEPA)
• The Family and Medical Leave Act, the ADA, and Title VII of the Civil Rights Act of 1964
• The ADA: A Primer for Small Business
• Your Responsibilities as an Employer
• Your Employment Rights as an Individual With a Disability
• Job Applicants and the ADA
• Small Employers and Reasonable Accommodation
• Work At Home/Telework as a Reasonable Accommodation
• Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures
• How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers
• Diabetes in the Workplace and the ADA
• Epilepsy in the Workplace and the ADA
• Persons with Intellectual Disabilities in the Workplace and the ADA

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Related Topics:  Anti-Discrimination, Delaware Discrimination in Employment Act (DDEA), Disability Discrimination, Handicapped Persons Employment Protection Act (HPEPA)