Hiring Issues:
Hiring Individuals with Disabilities
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- Applicable Laws and Regulations
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The U.S. Department of Labor (DOL) enforces laws prohibiting discrimination against individuals with disabilities and allowing payment of special minimum wage rates to certain individuals with disabilities. In addition, DOL's Office of Disability Employment Policy (ODEP) provides resources and technical assistance regarding the hiring of individuals with disabilities.
Federal Contractors:
Section 503 of the Rehabilitation Act of 1973 requires federal contractors and subcontractors to employ and advance in employment qualified individuals with disabilities and prohibits discrimination against such individuals. The Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA) requires certain federal contractors to take affirmative action to employ and advance in employment qualified disabled veterans. These laws are enforced by the DOL Employment Standards Administration's Office of Federal Contract Compliance Programs (OFCCP).
Federal Grantees:
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of status as a qualified individual with a disability in programs and activities that receive DOL federal financial assistance and in federally conducted programs. Section 188 of the Workforce Investment Act of 1998 (WIA) prohibits discrimination against qualified individuals with disabilities in any WIA Title I- DOL financially assisted program or activity. These acts are enforced by the DOL Office of the Assistant Secretary for Administration and Management's Civil Rights Center (CRC).
All Employers:
The Fair Labor Standards Act (FLSA), which establishes the federal minimum wage and overtime pay requirements, contains a provision allowing for the employment of individuals with disabilities at special minimum wages (SMW). A SMW is a commensurate wage paid a worker with a disability that is commensurate with that worker's individual productivity as compared to the wage and productivity of experienced workers who do not have disabilities performing essentially the same type, quality, and quantity of work in the vicinity where the worker with a disability is employed. Payment at SMWs is only permitted under certificates issued by the Wage and Hour Division (WHD) of the DOLs Employment Standards Administration.
Title I of the Americans with Disabilities Act (ADA) prohibits employers with 15 or more employees, including state and local governments, employment agencies, and labor organizations from discriminating in employment against qualified individuals with disabilities. Title II of the ADA prohibits state and local governments from discriminating against qualified individuals with disabilities in programs, activities, and services. ADA is primarily enforced by the Equal Employment Opportunity Commission (EEOC), an independent federal agency.
COMPLIANCE ASSISTANCE MATERIALS
- Employment Law Guide - Equal Opportunity for Individuals with Disabilities - Provides a summary of the laws and regulations prohibiting employment discrimination against individuals with disabilities.
- Employment Law Guide - Employment Discrimination and Equal Opportunity for Certain Veterans Who Served on Active Duty and Special Disabled Veterans - Provides a summary of the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
- Filing a Complaint - Individuals may file a complaint if they believe they have been discriminated against by federal contractors or subcontractors.
- The Americans with Disability Act (ADA) and Section 503 Fact Sheet - Both the ADA and Section 503 of the Rehabilitation Act of 1973 cover persons with a wide range of mental and physical impairments that substantially limit or restrict a major life activity such as hearing, seeing, speaking, walking, breathing, performing manual tasks, caring for one's self, learning, or working.
- Facts About the Americans with Disabilities Act - Public Law 101-336 - The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and activities of state and local government.
- Office of Disability Employment Policy (ODEP) Fact Sheets - A collection of fact sheets on compliance issues, accommodation, hiring people with disabilities, etc., provided by DOL's ODEP.
- Employment Rights, Who Has Them and Who Enforces Them - Describes the federal laws prohibiting employment discrimination against individuals with disabilities.
- What You Should Know About Workplace Laws - Explains four workplace laws (ADA, Family and Medical Leave Act, Occupational Safety and Health Act, and Workers Compensation laws) that impact workers with disabilities.
- "Equal Opportunity is the Law" - Poster for federal contractors and subcontractors. (Español)
- Notice to Workers with Disabilities (Fair Labor Standards Act (FMLA), McNamara-O'Hara Service Contract Act (SCA) and Walsh-Healey Public Contracts Act) - Poster for employers who employ workers with disabilities under special minimum wage certificates issued by the DOL Employment Standards Administration's Wage and Hour Division. (Español)
Federal contractors are required to preserve any personnel or employment records made or kept by the contractor for two years from the date of the making of the personnel record or the personnel action, whichever occurs later. Examples of records that must be maintained include but are not limited to: job descriptions; job postings and advertisements; records of job offers; applications and resumes; interview notes; tests and test results; written employment policies and procedures; and personnel files. Contractors with fewer than 150 employees or who do not have a government contract of at least $150,000 only need to keep records for one year.
APPLICABLE LAWS AND REGULATIONS
- The Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) - Requires covered government contractors and subcontractors to take affirmative action to employ and advance in employment specified categories of veterans protected by the Act, including disabled veterans, and prohibits discrimination against such veterans.
- 41 CFR Part 61-250 - Regulations implementing the VEVRAA.
- The Rehabilitation Act of 1973, Section 503 - Prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action to hire, retain, and promote qualified individuals with disabilities. All covered contractors and subcontractors must also include a specific equal opportunity clause in each of their nonexempt contracts and subcontracts.
- 41 CFR Chapter 60 - Regulations implementing Section 503 (60-741) of the Rehabilitation Act of 1973 which requires government contractors and subcontractors to take affirmative action to employ and advance in employment qualified individuals with disabilities.
- 41 CFR Part 60-742 - Regulations describing the procedures for complaints/charges of employment discrimination based on disability filed against employers holding government contracts or subcontracts.
- 41 CFR Part 60-250 - Regulations describing the affirmative action obligations of contractors and subcontractors for qualified special disabled veterans and veterans of the Vietnam era.
- Section 188 of the Workforce Investment Act of 1998 (WIA) - Prohibits discrimination against qualified individuals with disabilities who are applicants, employees, and participants in WIA Title I-DOL financially assisted programs and activities, and programs that are part of the One-Stop system. Section 188 also prohibits discrimination on the grounds of age, race, color, religion, sex, national origin, political affiliation or belief, and for beneficiaries only, citizenship, if the individual is authorized to work in the United States, or participation in a WIA Title I-DOL financially assisted program or activity. This law is enforced by the DOL Office of the Assistant Secretary for Administration and Management's Civil Rights Center.
- Laws Enforced or Administered by DOL's Civil Rights Center
- Regulations Implementing Laws Enforced or Administered by DOL's Civil Rights Center
- Equal Employment Opportunity Commission (EEOC) - EEOC promotes equal opportunity in employment through administrative and judicial enforcement of the federal civil rights laws and through education and technical assistance.
- Disability.Gov - Provides one-stop online access to disability-related resources, services, and information available throughout the federal government.
- Recruiting and Hiring Practices - Provides links to information on how to find qualified applicants with disabilities and how to comply with laws prohibiting discrimination against people with disabilities in the workplace.
- DisAbility Online - The home page for the Disability and Workforce Programs (DDWP) of the Employment and Training Administration (ETA). Provides a one-stop center for information relating to issues and training for people with disabilities in the workforce.
- Job Accommodation Network (JAN) - JAN is a free consulting service that provides information about job accommodations, the Americans with Disabilities Act (ADA), and employing people with disabilities.
- Job Accommodation Network's (JAN) Web Portal for Employers - Information for employers about accommodation, legal issues, and human resources issues.
- Ready, Willing, and Available: A Business Guide to Improving Your Workforce by Hiring People with Disabilities - Provides guidance on the various issues and laws relating to hiring people with disabilities.
- Work Opportunity Tax Credit Program - The Work Opportunity Tax Credit program provides a tax credit for employers who hire certain targeted low-income groups, including applicants who are vocational rehabilitation referrals.
- Recruitment! Recruitment! Recruitment! - Provides information on a variety of recruitment resources available to help employers locate qualified candidates with disabilities.
- Disability Friendly Strategies for the Workplace - Provides strategies to successfully incorporate persons with disabilities into the workplace.
- Affirmative Action and People with Disabilities - Describes affirmative action steps that employers can take to promote equal employment opportunity and to eliminate discrimination.
- Employment Checklist for Hiring Persons with Disabilities - The do's and don'ts of hiring persons with disabilities. Also includes information on how to determine if your worksite is accessible.
- Accommodating Employees with Hidden Disabilities - The Americans with Disabilities Act (ADA) defines "disability" as an impairment that "substantially limits one or more of the major life activities." Some examples of "hidden" disabilities are learning disabilities, mental illness, epilepsy, cancer, arthritis, mental retardation, traumatic brain injury, AIDS, and asthma.
- Office of Federal Contract Compliance Programs (OFCCP)
200 Constitution Avenue, NW
Room C-3325
Washington, DC 20210
E-mail: OFCCP-Public@dol.gov
Tel: 1-866-4-USA-DOL (1-866-487-2365) (1-866-487-2365), or 1-800-397-6251
TTY: 1-877-889-5627
Local Offices - Office of Assistant Secretary for Administration and Management (OASAM)
Civil Rights Center
200 Constitution Avenue, NW
Room N-4123
Washington, DC 20210
E-mail: CivilRightsCenter@dol.gov
Tel: 1-866-4-USA-DOL (1-866-487-2365) (1-866-487-2365), or 202-693-6500
TTY: 1-877-889-5627 or 202-693-6515/16 - Office of Disability Employment Policy (ODEP)
200 Constitution Avenue, NW
Washington, DC 20210
Room S-1303
Contact ODEP
Tel: 1-866-ODEP-DOL (1-866-633-7365)
TTY: 1-877-889-5627 - Wage and Hour Division
200 Constitution Avenue, NW
Room S-3502
Washington, DC 20210
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243)
TTY: 1-877-889-5627
Local Offices - For questions on other DOL laws,
please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL (1-866-487-2365). Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
Tel: 1-866-4-USA-DOL (1-866-487-2365)
TTY: 1-877-889-5627
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.
