Can employers set different qualification requirements for disabled applicants?
In Colorado, employers are prohibited from setting different qualification requirements for disabled applicants. The Americans with Disabilities Act (ADA) provides protection to employees from discrimination based on their disability. Under the ADA, employers must treat employees with disabilities the same as all other employees and are prohibited from setting different qualification requirements because of a person’s disability. Employers must also make reasonable accommodations for employees with disabilities. While employers are not required to lower qualifications or standards for disabled applicants, if an employer does so it must not be lessened in any way that would create a disadvantage for the applicant. This means that employers are not allowed to change essential functions of a job merely to accommodate a disabled person’s disability. Employers may also not refuse to hire an individual with a disability just because they require a reasonable accommodation. If the individual is qualified for the job and a reasonable accommodation does not impose an undue hardship on the employer, the employer is required to provide it. In Colorado, employers must follow the requirements of federal disability law in order to ensure that applicants with disabilities will not face different qualifications or standards because of their disability. Employers are also required to provide reasonable accommodations if it does not impose an undue hardship, in order to ensure that disabled applicants will not be at a disadvantage when applying for a job.
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