Can employers set different qualification requirements for disabled applicants?

Yes, employers in California can set different qualification requirements for disabled applicants, provided that such requirements are related to the job and necessary for the business to function properly. California disability law, which is based on the Americans with Disabilities Act, requires employers to make “reasonable accommodations” to enable people with disabilities to participate in the workplace. This means that employers may need to modify existing requirements or set new ones in order to make the job accessible to the disabled applicant. An employer may, for example, reduce the minimum education requirements for a disabled applicant if the required education does not relate directly to the job. An employer can also waive a minimum physical ability requirement for a disabled person, so long as such a requirement does not directly affect the successful performance of the job. At the same time, employers may not change job qualifications in a way that would lower the quality of performance of the job, nor should they set qualifications that are unrelated to the job. In other words, setting qualifications that are based on disability and not necessary for the job is illegal discrimination. Accommodations must be made to the extent that they do not impose an “undue hardship” on the employer. The employer should also engage in a dialogue with the disabled person in order to determine and evaluate the applicant’s qualifications and abilities in his or her individual context.

Can employers set different qualification requirements for disabled applicants?

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