Section 4-514. DISABLITY

 

514.1Except as otherwise provided in this chapter, the Office and the Commission adopt and incorporate by reference the provisions promulgated by the EEOC and published at 29 CFR § 1613.701 et seq.

 

514.2Employment agencies which fail to accept applications, refer equally, or provide placement services for persons with disabilities shall be engaging in a discriminatory practice.

 

514.3Pre-employment inquiries may allow inquiry into the physical condition or past medical history of an individual for purposes allowed by § 503.3 or based on a business necessity. Where general characteristics of a physical condition would disqualify an applicant for a job, for example, where a person with a minor visual impairment or history of seizures applies for a driver position, the employer shall ascertain whether the individual’s specific condition prohibits him or her from meeting a necessary standard for safety or job performance.

 

514.4No employer shall refuse to hire a person with a disability when lack of such disability is required for a secondary portion of the job and when reasonable accommodation can be made through minor job restructuring.

 

514.5Tests offered applicants and employees shall be related to the job. For example, it shall be a discriminatory practice to give a blind person a vision test when sight is not required for the job.

 

514.6If health and insurance benefits are provided to employees for some disabilities, they shall be provided for all disabilities having a similar anticipated cost. This shall not prevent exclusions based on the cost of service to the individual, but it does prevent exclusions based on the number of individuals to be serviced.

 

514.7Excessive absenteeism, even if caused by injury or illness, may be grounds for termination if it interferes significantly with or causes an undue hardship upon the performance of duty.

 

514.8The use of non-discriminatory selection procedures shall not relieve employers, unions, or employment agencies of other legal obligations to take positive action in affording employment and training to persons with disabilities.

 

514.9Before a business necessity may excuse discrimination against a person with a disability, it shall be found that there is no alternative to the particular practice, or that a reasonable accommodation cannot be made.

 

514.10Where an employee’s specific physical or mental disability precludes the normal operation of a business or particular activity in existing structures, reasonable accommodation shall be made, where possible, through modifications in job description, workplace design, or physical renovation. In determining whether a modification is a reasonable accommodation, the Office and Commission shall consider factors such as the following:

 

(a)The nature and cost of the modification;

 

(b)The number of people, both those with and without disabilities, who would benefit by the modification;

 

(c)The benefits or detriments resulting from the modification with regard to the type and composition of the business and the physical structure and layout of the workplace; and

 

(d)When new construction, substantial redesign or remodeling, etc., occurs, whether the modification should provide for increased physical accessibility.

 

514.11Preferences of employees, tenants, patrons, clients, or other individuals that exclude persons with disabilities shall not be considered within the purview of business necessity.

 

514.12Employers shall retain employees who have become disabled while on the job so long as reasonable accommodation can be made.

 

source

Final Rulemaking published at 56 DCR 006029 (July 31, 2009).