Are employers allowed to deny jobs to people with disabilities?

In Virginia, employers are allowed to deny jobs to people with disabilities in some cases. According to the Virginia Code, employers are allowed to deny jobs or promotions to candidates with disabilities if the accommodation required would pose an undue hardship on the employer. An undue hardship is defined as an action that would be economically or operationally difficult for the employer to take. This can include physical or financial difficulties. In addition, employers are allowed to deny jobs to people with disabilities if the disability would prevent them from doing the job safely. This is known as “direct threat,” which is defined as a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” Finally, employers are allowed to deny jobs to people with disabilities if the applicant is unable to perform the “essential functions” of the position even with reasonable accommodation. Essential functions are defined as the job duties that are absolutely necessary to the job. In summary, employers in Virginia are not required to hire individuals with disabilities, but they must provide reasonable accommodations for those they do hire. Employers are allowed to deny jobs to people with disabilities if the necessary accommodations would pose an undue hardship, the disability would pose a direct threat to safety, and/or if the applicant is unable to perform the essential functions of the job.

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Are employers allowed to deny jobs to people with disabilities?

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