Can employers set different qualification requirements for disabled applicants?
In Delaware, employers cannot set different qualification requirements for disabled applicants. The Americans with Disabilities Act (ADA) protects individuals with disabilities from employment discrimination and requires employers to provide reasonable accommodations to individuals with disabilities. This applies to job qualifications, and employers are not allowed to set different qualifications for disabled applicants. However, employers may set different qualification standards for disabled applicants, as long as those standards are job-related and consistent with business necessity. For example, employers may require individuals with disabilities to meet certain height, weight, or strength standards if those standards are necessary to carry out essential job functions. In addition, employers may require disabled applicants to meet certain educational requirements. For instance, employers may require applicants to have a high school diploma or equivalent, or to have completed certain specialized training. However, employers must provide reasonable accommodation to disabled applicants who cannot meet the same educational qualifications as other applicants. Finally, employers are not allowed to discriminate against disabled applicants in any other way. Employers cannot set different wage or salary requirements based on disability, and they must treat all applicants fairly and without prejudice.
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