Can employers set different qualification requirements for disabled applicants?

In North Dakota, employers are allowed to set different qualification requirements for disabled applicants when it is considered a “reasonable accommodation” to the disability. Such reasonable accommodations include making job duties less stressful for the disabled applicant, providing additional assistance in the workplace, or allowing the applicant more time to complete tasks. By law, it is unlawful for an employer to reject an applicant simply because of their disability. According to the state’s laws, employers cannot set different qualification requirements that would place a disabled applicant at a disadvantage compared to an applicant without the disability. For example, employers cannot require a disabled applicant to have more or different experience or qualifications than a non-disabled applicant would need. Additionally, employers are not allowed to set requirements that would discriminate against disabled applicants or require them to complete tasks or duties that are not related to the position. In addition, an employer is not allowed to deny a disabled applicant a job based solely on their disability or to ask the applicant unnecessary questions about their disability. This includes questions related to treatment, eligibility for benefits, or functional limitations. Employers are allowed to ask questions about an applicant’s ability to complete job functions, however. Ultimately, in North Dakota, employers are allowed to set different qualification requirements for disabled applicants when it is reasonable and does not place the applicant at a disadvantage. However, employers must also take care to ensure their requirements do not lead to discrimination or unfairly exclude disabled applicants from consideration.

Can employers set different qualification requirements for disabled applicants?

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