Can employers set different qualification requirements for disabled applicants?
In New Mexico, employers may not discriminate against someone based on disability when setting qualification requirements. This means that the qualifications must be fair and reasonable for those with disabilities. The employer must have legitimate reasons for setting different qualifications and must be able to justify them. Under the Americans with Disabilities Act, employers can set different qualifications for disabled applicants as long as the qualifications are job-related and necessary for the business’ success. They must also make sure that the qualifications do not disproportionately exclude applicants with disabilities. For example, if a job requires heavy lifting, an employer is permitted to set different qualifications for a disabled applicant that would otherwise be unable to lift the required weight. However, the employer must ensure that the accommodation is not too burdensome or expensive, and they must provide alternatives so that the disabled applicant can still fairly compete for the job. It is important to note that employers are still required to provide reasonable accommodations for disabled applicants. This could include offering flexible work hours, making changes to the physical workspace, or providing adaptive technology. Overall, employers may set different qualification standards for disabled applicants, so long as the qualifications serve a legitimate business purpose and do not disproportionately disqualify individuals with disabilities.
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