DOL Assists Employers in Understanding Disability Laws
The United States Department of Labor announced a new “Advisor” on their website that helps employers determine which federal disability nondiscrimination laws apply to their business or organization as well as the various responsibilities faced by companies that receive financial assistance from the federal government.
According to the DOL, “The Advisor will provide you with a customized list of federal disability nondiscrimination laws that may apply and links to detailed information that will help you understand your requirements under these laws.” The Advisor may also be useful to job applicants and employees who are interested in learning about which laws might apply.
The Advisor addresses the following laws:
- Title I of the Americans with Disabilities Act of 1990 (ADA)
- Title II, Subtitle A, of the Americans with Disabilities Act of 1990 (ADA)
- Section 188 of the Workforce Investment Act of 1998
- Section 504 of the Rehabilitation Act of 1973, as amended (only as it pertains to federal financial assistance)
- Section 503 of the Rehabilitation Act of 1973, as amended
- The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended
It does not tackle Section 501 of the Rehabilitation Act, Title III of the ADA, Workers’ Compensation Laws or any state or local disability nondiscrimination laws.
The Advisor can be accessed at http://webapps.dol.gov/elaws/odep/q1.aspx.
The Advisor appears to be a good start for employers who want to know which disability laws apply to them, but don’t forget that State or local disability nondiscrimination laws may have stricter requirements or greater applicability. Employers and employees should consult with counsel familiar with disability discrimination and accommodation issues to ensure they are complying with all applicable laws.The Law Office of Phillip J. Griego 95 South Market Street, Suite 520 San Jose, CA 95113 Tel. 408-293-6341 Original article by Robert E. Nuddleman, former associate of The Law Office of Phillip J. Griego.
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