Alabama

Alabama does not have a law that prohibits employers from discrimination on the basis of disability. For the most part, Alabama relies on federal civil rights protections to  prohibit discrimination in the areas of employment, housing, and public accommodation However, Alabama law prohibits disability bias on the part of state and local government agencies, public schools, and other employers supported in whole or in part by public funds. Further private employers with 15 or more employees are also covered by the federal Americans with Disabilities Act.

Alaska

Employees of public or private employers, labor organizations, and employment agencies are protected from discrimination based on disability under Alaska’s state law. It is unlawful in the state of Alaska to refuse to employ someone because of their physical or mental disability when reasonable demands of the position do not require distinction based on physical or mental disability.  Alaska requires that employers provide reasonable accommodations. See the Alaska Disability and Reasonable Accommodation Guide for more information.

Arizona

The Arizona Civil Rights Act prohibits employment practices that discriminate against a job applicant or employee with a disability who is a qualified individual. A qualified individual is a person who, with or without a reasonable accommodation, an perform the essential functions of the job they hold or desire.  The Act covers employers with 15 or more employee. Arizona employers are not allowed to hire, refuse to hire, or fire based on a disability and must attempt to reasonably accommodate an individual’s handicap. This rule does not apply if the disability significantly impairs the person’s ability to meet the qualifications of the position in question.  See the law for more information. 

Arkansas

The Arkansas Civil Rights Act (ACRA) prohibits disability discrimination. The ACRA covers employers with nine or more employees in the State of Arkansas in each of 20 or more calendar weeks in the current or preceding calendar year, or any agent of such person. See the law for more information.

California

In California, the Americans with Disabilities Act applies to all public and private employers with 15 or more employees and to all state and local government employers, regardless of how many employees they have.

Employers with five or more employees must follow
the California Fair Employment and Housing Act which has broader definitions of mental disability, physical disability, and medical condition than does federal law.
Under California law, a disability must only “limit”
a major life activity. Whether a condition or disability “limits” a major life activity is determined regardless of any mitigating measure, such as medication or prosthesis, unless the mitigating measure itself limits a major life activity. An employer is also required to interact with an
employee to explore all possible means of
reasonably accommodating a person prior to
rejecting the person for a job or making any
employment-related decision. See the FEHA Fact Sheet for more information.

Colorado

The Colorado Anti-Discrimination Act protects employees with disabilities from discrimination regardless of the number of workers employed. To be covered under the act, an employee must be a qualified individual with a disability (an individual must be able to perform the essential functions of his or her job, with or without a reasonable accommodation). Essential functions are the necessary duties and activities of the job
position. See the law for more information.

Connecticut

Disability discrimination laws in Connecticut apply to employers who employ more than 3 people.

It is unlawful for an employer to refuse to hire, or to terminate an employee “because of the individual’s present or past history of mental disorder, mental retardation, or physical disability, including, but not limited to, blindness,” unless the action is based on a bona fide qualification for the particular job. Additionally, pregnancy is protected as a disability under Connecticut law. It is also unlawful for an employer to retaliate against a person for filing a discrimination claim under these laws. Retaliation may include refusing to hire, firing, demoting, or other negative employment actions. See the law for more information.

Delaware

The Delaware Persons with Disabilities Employment Protection Act (PDEPA) prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

To qualify for protection under the law an employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

The PDEPA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations. See the Delaware website for more information.

District of Columbia

The District of Columbia Human Rights Act (DCHRA) prohibits disability discrimination. The DCHRA applies to employers of only one (1) employee.

Employers must make reasonable accommodations, if possible, when employees’ specific physical or mental disability prevents the normal operation of a business or particular activity in existing structures. Employers can’t refuse to hire applicants with disabilities if their disabilities affect a secondary part of the job and reasonable accommodations can be made through minor job restructuring; in addition, they must retain employees who become disabled on the job if reasonable accommodations can be made. See the law for more information.

Florida

The Florida Civil Rights Act prohibits employment practices that discriminate based on handicap. The Act covers public and private employers with 15 or more employees. The Public Employment Discrimination Law prohibits discrimination in county and municipal employment based on handicap if the individual is the most competent and able to perform the services required while the Vocational Rehabilitation Law prohibits public employers from discriminating against individuals with disabilities. 

Florida’s employment discrimination statute contains no definition of “handicap.” However, Florida courts have recognized that the housing discrimination law substantially tracks the federal Rehabilitation Act definition, defining “handicap” as a “physical impairment [including mental retardation] which substantially limits one or more major life activities” or “a record of having ”or “being regarded as having” such physical impairment. See the law for more information.

Georgia

The Georgia Equal Employment for Persons with Disabilities Code prohibits disability discrimination for qualified individuals. A qualified individual is someone who is able to perform the essential functions of a job, with or without reasonable accommodation. The law  applies to all employers, profit and non-profit, public and private, with 15 or more employees. 

Georgia law provides that employers may not “fail or refuse to hire, nor shall any employer discharge or discriminate against any individual with disabilities … unless such disability restricts that individual’s ability to engage in the particular job or occupation for which he or she is eligible.” See the law for more information.

Employers must provide reasonable accommodations for a qualified individual. A reasonable accommodation for disabilities is a practical change to the job application process, work environment, or ways that work is performed, that does not result in undue hardship.

Hawaii

Hawaii law prohibits employers from discriminating against qualified employees or applicants with disabilities. “Qualified” with respect to a person with a disability means a person with a disability who satisfies:

(1)  The requisite skill, experience, education, and other job-related qualification standards of the employment position such person holds or desires; and

(2)  Who, with or without reasonable accommodation, can perform the essential functions of such position.

Employers must make reasonable accommodations for employees’ disabilities, unless doing so would create an undue hardship.

See the law for more information.

Idaho

The Idaho Human Rights Act and the federal Americans with Disabilities Act prohibit employment discrimination against persons with disabilities. All employers with five or more workers, any government entity regardless of size, a contractor or subcontractor for the state and their agents must comply. In addition, employment agencies and labor organizations must not discriminate against persons with disabilities.

A “disability” is a physical or mental impairment that substantially limits one or more major life activities, such as walking, doing manual tasks, or learning, as well as major bodily functions such as circulatory, endocrine or the immune system.

An employer may not discriminate against an otherwise qualified worker or applicant with a disability who can perform the essential functions of the job with or without a reasonable accommodation. All phases of the employment relationship are covered, such as: hiring decisions, hours of work, wage rate, reasons for discipline and separations.

An employer has an obligation to attempt a reasonable accommodation to enable the employee with a disability to perform the essential functions of the job.

Accommodations are adjustments to work assignments or work sites that allow the employee with a disability to do his or her job.

See the Idaho website for more information.

Illinois

The Illinois Human Rights Act prohibits employment practices that discriminate on the basis of a person’s physical or mental disability, if the disability is unrelated to the person’s ability to perform the job in question. The disability provisions of the Act cover all employers, regardless of size.

Illinois law protects those with physical or mental impairments, those with a record of such impairment, and those perceived as having an impairment (provided, in the case of perceived impairment, that the employer perceives the individual “to have a condition which would be a handicap under the Human Rights Act”). Disease can constitute a protected handicap if it produces a demonstrable impairment.

Illinois regulations define “reasonable accommodation” to include alteration of the facility or work site, modifications of work schedules or leave policy, acquisition of equipment, job restructuring, and provision of readers or interpreters; but not providing personal items such as glasses or hearing aids, and not “any superfluous accommodation” (such as giving a blind employee a chauffeur to facilitate travel). 

See the law for more information.

Indiana

Indiana prohibits disability discrimination in employment. Employers who are a “covered entity” includes an employer, an employment agency, a labor organization, or a joint labor-management committee.

Disability means with respect to an individual:
(1) a physical or mental impairment that substantially limits at least one (1) of the major life activities of the individual;
(2) a record of an impairment described in subdivision; or
(3) being regarded as having an impairment. 

See the law for more information.

Iowa

Kansas

The Kansas statute protects those having a disability from an employer’s refusal to hire or employ, or its barring or discharging, or its limiting, segregating, or classifying, an employee because of disability unless it can show a “valid business necessity” For the action. “Disability” means “(1) a physical or mental impairment that substantially limits one or more of the major life activities…(2) a record of such an impairment; or (3) being regarded as having such an impairment by the person or entity alleged to have committed the unlawful discriminatory practice complained of.” To be protected, a physical impairment must substantially impair or disable the individual; a condition without impairment will not suffice. “Disability” does not include the current illegal use of a controlled substance.

Kansas requires that employers make “reasonable accommodations” for employees or applicants with disabilities. Reasonable accommodation includes making existing facilities readily accessible, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations or training materials or policies, provision of qualified readers or interpreters, and other similar accommodations.

Kansas law prohibits retaliation by employers against employees who make a discrimination complaint.

See the law for more information.

Kentucky

Louisiana

Louisiana employment disability law protects otherwise qualified individuals with disabilities from discrimination and requires employers to provide reasonable accommodations, unless doing so would cause undue hardship. An “Otherwise qualified person” with a disability” means a person with a disability who, with reasonable accommodation, can perform the essential functions of the employment position that such person holds or desires.

“Employer” means a person, association, legal or commercial entity, the state, or any state agency, board,
commission, or political subdivision of the state receiving services from an employee and, in return, giving
compensation of any kind to an employee. The law applies to an employer who employs twenty or more employees within this state for each working day in each of twenty or more calendar weeks in the current or preceding calendar year. See the law for more information.

Maine

A covered entity may not discriminate against a qualified individual with a disability because of the disability of the individual in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment.

“Qualified individual with a disability” means an individual with a physical or mental disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires.  

The law also prohibits retaliation against employees who assert their rights under the law, file a claim, or participate in a discrimination proceeding. 

Maryland

Maryland’s anti-discrimination laws apply to private employers having fifteen or more employees, public employers, employment agencies, labor organizations, and employer-union training programs.

Maryland law makes it unlawful for an employer to “fail or refuse to hire or to discharge … or otherwise to discriminate against … or … limit, segregate, or classify” employees or applicants because of “physical or mental handicap unrelated in nature and extent so as to reasonably preclude the performance of employment.”

“Physical or mental handicap” includes any physical disability, infirmity, malformation or disfigurement caused by bodily injury, birth defect, or illness (including epilepsy), paralysis, amputation, lack of physical coordination, blindness, hearing impairment, speech impairment, and reliance on a remedial appliance. Substance abuse is not protected under Maryland law. Pregnancy is protected if it creates a disability due to pregnancy or childbirth.

Maryland regulations indicate that the condition to be protected must be demonstrable by medically accepted clinical or laboratory techniques, and must substantially limit, or be regarded as substantially limiting, major life activities. Persons having a record of, or who are perceived as having a handicap, are protected, as long as the record or perception substantially impairs employment, or as long as the employer treats the individual as having a substantial physical impairment.

Maryland permits employers to conduct pre-employment inquiry concerning physical or mental capacities or handicap, physical or mental testing, and medical examinations.

While the Maryland laws setting forth defined terms and required conduct do not refer to “reasonable accommodation,” regulations and case law have imposed this obligation on employers. Employers may not discriminate based on a disability if the applicant or employee can perform the required duties of the job with or without a reasonable accommodation, and employers must provide a requested accommodation if it does not place an undue burden on the business.

Maryland employers are also obligated to reasonably accommodate not only the disabilities of employees, but also the disabilities of applicants. However, Maryland’s new law does not require employers to provide an accommodation if it would cause undue hardship on the conduct of the employer’s business. See the law for more information.

Massachusetts

Massachusetts anti-discrimination laws apply to  private employers with six or more employees, employers in the public sector, employment agencies, and labor organizations.

A person with a disability/handicap under law is defined as a person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. 

An employer must make reasonable accommodations to allow a disabled person to work. A “reasonable accommodation” is any adjustment or modification to a job (or the way a job is done), employment practice, or work environment which makes it possible for a person with a disability to perform the essential functions of the position. 

In order to be protected, a person with a disability must be qualified. If you can do the essential functions of a job with or without a reasonable accommodation, you cannot be discriminated against because of your disability. The law additionally protects people who are discriminated against based upon other people’s belief that they are disabled, even if they are not disabled.

See the law for more information.

Michigan

Michigan’s Persons with Disabilities Civil Rights Act applies to employers with or more employees or a person who as contractor or subcontractor is furnishing material or performing work for the state or a governmental entity or agency of the state and includes an agent of such a person. 

Disability means 1 or more of the following:
(i) A determinable physical or mental characteristic of an individual, which may result from disease, injury, congenital condition of birth, or functional disorder, if the characteristic:
(A) substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual’s ability to perform the duties of a particular job or position or substantially limits 1 or more of the major life activities of that individual and is unrelated to the individual’s qualifications for employment or promotion.

Michigan requires an employer to provide reasonable accommodation to a person with a disability unless it provides an undue hardship for the employer.

See the law for more information.

Minnesota

Minnesota’s anti-discrimination laws apply to private employers with at least one employee and to all public employers. Minnesota prevents an employer from refusing to hire or discharging a qualified disabled employee simply because they are disabled.

A person has a disability if:
– He or she has a physical, sensory—blindness or deafness, for example—or mental impairment; and
– This impairment “materially interferes” with—it largely gets in the way of—a major life activity; or
– He or she has a record of this kind of impairment; or
– He or she is recognized as having this kind of impairment; or has an impairment that is episodic or in remission and would materially limit a major life activity when active.

Employers are required to make reasonable accommodations for a disabled employee as long as the reasonable accommodation doesn’t cause an undue hardship for the employer.

See the Minnesota website for more information.

 Mississippi

Mississippi does not have a state law prohibiting disability discrimination. 

Missouri

Missouri’s anti-discrimination laws apply to private employers with six or more employees.  Missouri provides that an employer may not refuse to hire, fire, limit, or adversely affect an employee’s individual status because of a handicap.

Missouri defines protected “handicap” as “a physical or mental impairment which substantially limits one or more … major life activities, or a condition perceived as such, which with or without reasonable accommodation does not interfere with performing the job.”  Missouri recognizes that even if disability does not make a job physically impossible, as long as the disability jeopardizes safety it interferes with employee’s ability to perform the job. While not explicit, Missouri implicitly seems to require that the employer provide reasonable accommodations for the employee. Missouri prohibits retaliation by employers against employees for making a claim of discrimination.

See the Missouri website for more information.

Montana

Montana’s anti-discrimination laws apply to all public and private employers with one or more employees. An employer may not fail or refuse to hire, discharge, or discriminate against an employee because of a mental or physical disability.

Like the “disability” definition under ADA Title I and the Rehabilitation Act, “physical or mental disability” under Montana law means (i) “a physical or mental impairment that substantially limits a person’s major life activities, (ii) a record of such an impairment, or (iii) a condition regarded as such an impairment.” Discrimination based on disability includes the failure to make reasonable accommodation.

Employers must provide reasonable accommodations if needed for the known physical or mental limitations of qualified employees and applicants with disabilities, unless these accommodations would impose undue hardship on employers or endanger anyone’s health or safety. 

See the Montana website for more information.

Nebraska

Nebraska Fair Employment Practice Act (FEPA) prohibits disability discrimination during the hiring and employment process by most private and non-profit employers with 15 or more employees, state and local government subdivisions of any size, employment agencies and labor organizations. In Nebraska, employers may not fail or refuse to hire or discriminate against someone based on a disability. 

 Disability shall mean (a) a physical or mental impairment that substantially limits one or more of the major life activities of such individual, (b) a record of such an impairment, or (c) being regarded as having such an impairment. The Nebraska statute requires “reasonable accommodation” by the employer.

See the law for more information.

An aggrieved individual in Nebraska has 180 days within

Nevada

Nevada’s anti-discrimination laws apply to private employers with fifteen or more employees. Employees and job applicants are both protected. In Nevada, employers may not fail or refuse to hire or discriminate against someone based on a disability. An individual with a disability is a person who:
– Has a physical or mental impairment that substantially limits one or more major life activities;
– Has a record of such an impairment; or
– Is regarded as having such an impairment.

A qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question. 

See the Nevada Human Rights Commission website for more information.

New Hampshire

New Hampshire anti-discrimination laws apply to private employers with six or more employees. New Hampshire state law provides that an employer may not “refuse to hire or employ … or to bar or to discharge … or to discriminate against” an employee or applicant because of “physical or mental handicap” unless “based upon a bona fide occupational qualification.”

Disability” means, with respect to a person:
– A physical or mental impairment which substantially limits one or more of such person’s major life activities;
– A record of having such an impairment; or
– Being regarded as having such an impairment.

Retaliation by an employer against an individual who makes a discrimination claim is prohibited.

See the law for more information.

New Jersey

New Jersey’s anti-discrimination laws apply to all private employers. New Jersey law provides that an employer may not refuse to hire or employ, bar or discharge, or discriminate against an employee or applicant because of the individual’s disability unless the disability would prohibit the person from performing essential job functions.

Disability means physical or sensory disability, infirmity, malformation, or disfigurement which is caused by bodily injury, birth defect, or illness including epilepsy and other seizure disorders, and which shall include, but not be limited to, any degree of paralysis, amputation, lack of physical coordination, blindness or visual impairment,
deafness or hearing impairment, muteness or speech impairment, or physical reliance on a service or guide dog, wheelchair, or other remedial appliance or device, or any mental, psychological, or developmental disability.

New Jersey’s statute requires employers to provide a reasonable accommodations for disabled employees, unless doing so would be an undue burden on their operations. 

See the law and the New Jersey Website for more information. 

New Mexico

New Mexico’s anti-discrimination laws apply to private employers with four or more employees and protect both job applicants and employees. New Mexico law provides that an employer may not “refuse to hire or employ … or to bar or to discharge … or to discriminate against” an employee or applicant because of “physical or mental handicap” or “medical condition” unless “based upon a bona fide occupational qualification.” Physical or mental handicap is defined as a “physical or mental impairment that substantially limits one or more … major life activities,” including employment; a record of such an impairment; or a perception as having such an impairment.

New Mexico, by adopting the federal Rehabilitation Act’s definition of “handicap” and the Rehabilitation Act’s definitions of “physical or mental impairment” and “major life activity,” protects only those conditions that cause an actual impairment.

New Mexico requires that employers provide “reasonable accommodation” to employees or applicants with disabilities, unless providing such accommodation would result in “undue hardship” for the employer.

See the New Mexico website for more information.

New York

New York’s anti-discrimination laws apply to all public and private employers and job applicants.

New York provides that an employer may not “refuse to hire or employ or to bar or to discharge … or to discriminate against” an employee because of disability. New York defines “disability” to include “(a) a physical, mental, or medical impairment resulting from anatomical, physiological, genetic or neurological conditions which prevents the exercise of a normal bodily function or is demonstrable by medically acceptable clinical or laboratory diagnostic techniques, or (b) a record of such an impairment, or (c) a condition regarded by others as such an impairment.” New York protects disabilities that cause no demonstrable physical or mental impairment to a major life activity as long as they are an abnormal medically diagnosable condition.

New York requires employers to provide reasonable accommodations for a disabled employee, provided that such actions do not have an undue hardship on the employer. 

See the New York website for more information.

North Carolina

North Carolina’s anti-discrimination laws apply to private employers with 15 or more employees and protect both job applicants and employees.  North Carolina provides that an employer may not “fail to hire or consider for employment or promotion, to discharge or otherwise to discriminate against qualified handicapped person on the basis of a handicapping condition.”

Person with a disability is defined as a “person who has a physical or mental impairment which substantially limits one or more … major life activities”; a person with a record of such an impairment; or a person perceived as having such an impairment. North Carolina requires reasonable accommodation if properly requested by a qualified handicapped employee, unless providing such accommodation would result in undue hardship for the employer.

See the North Carolina website for more information.

North Dakota

North Dakota’s anti-discrimination laws apply to private and public sector employers with one or more employees, and protect both job applicants and employees. North Dakota provides that an employer may not “fail or refuse to hire…to discharge…or to accord adverse or unequal treatment to” an employee or applicant because of “physical or mental handicap” unless based on a bona fide occupational qualification “reasonably necessary to the normal operation of that particular business or enterprise.” North Dakota requires reasonable accommodation for an “otherwise qualified” handicapped employee unless providing such accommodation would unduly disrupt or interfere with the employer’s operation, threaten health and safety, contradict a business necessity, or result in undue hardship for the employer.

See the law for more information.

Ohio

Ohio’s anti-discrimination laws apply to private employers with four full-time or part-time employees, and protect both job applicants and employees. Ohio provides that an employer may not “refuse to hire” an employee or applicant because of a “handicap” unless “based upon a bona fide occupational qualification.”

Handicap is defined as a “physical or mental impairment that substantially limits one or more major life activities, including the functions of caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working; a record of a physical or mental impairment; or being regarded as having a physical or mental impairment.” Ohio does require that employers provide reasonable accommodation to disabled applicants and employees, unless providing such accommodation would result in undue hardship for the employer. 

See the law for more information.

Oklahoma

Oklahoma’s anti-discrimination laws apply to private employers paying one or more individuals a salary or wages for work performance, and protect both job applicants and employees. Oklahoma law makes it unlawful for an employer to discriminate against … or … limit, segregate, or classify” employees or applicants because of genetic information or disability, unless “the employer can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business of such employer,” or if the challenged employment action is related to a bona fide occupational qualification reasonably necessary to the normal operation of the business or enterprise, or based on bona fide seniority or merit system, or based on a professionally developed test. The administrative guidelines make clear that Oklahoma’s definition of protected “handicap” tracks the one adopted by the federal Rehabilitation Act. Oklahoma protects only those conditions causing an actual impairment.

See the Oklahoma website for more information.

Oregon

Oregon’s anti-discrimination laws apply to private employers with six or more employees, and protect both job applicants and employees. Oregon provides that it is “an unlawful employment practice for any employer to refuse to hire, employ or promote, to bar or discharge from employment or to discriminate in compensation or in terms, conditions or privileges of employment” because the individual is a “qualified individual” who has a disability.

“Disability” is defined as a “physical or mental impairment that substantially limits one or more … major life activities,” including bodily functions, employment, and renting or purchasing real estate (but excluding any ameliorative devices or drugs other than glasses or contacts when uncorrected vision is a business necessity for the job.) Disability is further defined as a record of such an impairment (including misclassification), or a perception as having a physical or mental impairment (whether or not the perception is of a substantially limiting condition but excluding minor conditions perceived to last six months or less).

Oregon requires employers to provide reasonable accommodations for disabled employees provided the reasonable accommodation does not create an undue hardship on the employer.

See the Oregon website for more information.

Pennsylvania

Pennsylvania’s anti-discrimination laws apply to private employers with four or more employees, and protect both job applicants and employees. Pennsylvania law provides that an employer may not discriminate against an employee or applicant because of “non-job related handicap or disability.”

Non-job related handicap or disability is defined as “any handicap or disability which does not substantially interfere with the ability to perform the essential functions of the employment. The law goes on to clarify that increased insurance does not render a disability job related. The Pennsylvania Human Relations Commission’s regulations track the federal ADA and Rehabilitation Act definition of “handicap,” defining the term to include one who “has a physical or mental impairment which substantially limits one or more major life activities, has a history of such an impairment, or is regarded as having such an impairment.”

Employers must make reasonable accommodations for a disabled employee unless the reasonable accommodation creates an undue hardship on the employer. 

See the Pennsylvania website for more information.

Rhode Island

Rhode Island’s anti-discrimination laws apply to private employers with four or more employees, and protect both job applicants and employees. Rhode Island law provides that an employer may not discriminate against an employee or applicant because of “handicap.”

Physical or mental handicap is defined as a “physical or mental impairment that substantially limits one or more … major life activities” (including employment); a record of such an impairment; or the perception of having such an impairment. Rhode Island requires that employers provide reasonable accommodation to disabled employees or applicants unless providing such accommodation would result in undue hard ship for the employer.

Aggrieved persons may initiate an administrative action by filing a complaint with the Rhode Island Commission for Human Rights within one year of the alleged discrimination.

South Carolina

South Carolina’s anti-discrimination laws apply to public and private employers with 15 or more employees, and protect both job applicants and employees.  South Carolina provides that “[n]o person may discriminate against a handicapped person with respect to employment … without reasonable justification.”

A person can show that he or she has a disability in one of three ways:

• A person may be disabled if he/she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning).
• A person may be disabled if he/she has a history of a disability (such as cancer that is in remission).
• A person may be disabled if he/she is believedto have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he/she does not have such an impairment).

Employers are required to provide reasonable accommodations for a disabled employee unless the reasonable accommodation creates an undue hardship for the employer.

See the South Carolina website for more information.

South Dakota

South Dakota’s anti-discrimination laws apply to all private employers, and protect both job applicants and employees. South Dakota provides that an employer may not discriminate against an employee or applicant because of disability unless, in good conscience, the applicant or employee is not qualified for the position.

A person is covered under South Dakota disability law if he or she has a physical or mental impairment that substantially limits a major life activity. Individuals with a record of a substantially limiting impairment or who are regarded as having a substantially limiting impairment are also covered.

A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working. Any lesser impairment is not considered substantial and is not covered.

South Dakota requires that employers provide reasonable accommodation to disabled applicants and employees, unless providing such accommodation would result in undue hardship for the employer.

See the South Dakota website for more information.

Tennessee

Tennessee’s anti-discrimination law applies to any Tennessee employer, prospective employer, employment agencies or labor organizations with eight or more employees.

“Disability” means, with respect to a person:

• A physical or mental impairment that substantially limits one (1) or more of such person’s major life
  activities;
• A record of having such an impairment; or
  Being regarded as having such an impairment;

See the law for more information.

Texas

Texas anti-discrimination laws apply to private employers with 15 or more employees. Protected persons include employees and job applicants, elected officials and their staff, policymaking appointees, and advisers to the foregoing. Texas provides that it is unlawful when the employer discriminates against, segregates, limits, or classifies and employee or applicant because of a disability,

Texas law protects only those who are a “qualified individual with a disability,” meaning the employee must prove (1) that they can perform all of the essential job functions of the position without modification or (2) that some reasonable accommodation would enable them to perform the job.  Disability means a physical or mental impairment that substantially limits at least one major life activity, or a record of such impairment, or being regarded as having such an impairment. 

See the Texas website for more information.

Utah

Utah’s anti-discrimination laws apply to private employers with fifteen or more employees, and protect both job applicants and employees. Utah law provides that an employer may not “refuse to hire or promote, or to discharge, demote, terminate … harass or discriminate … against any person otherwise qualified, because of … disability.” Utah defines “disability” to include “a physical or mental impairment which substantially limits one or more of a person’s major life activities.” Employers must make reasonable accommodations for qualified employees and applicants with disabilities. 

See the Utah website for more information.

Vermont

Vermont’s anti-discrimination laws apply to private employers with one or more in-state employees, and protect both job applicants and employees. Vermont provides that an employer may not “require persons of a particular … physical or mental condition,” or to “discriminate against a qualified handicapped individual.”

A qualified handicapped individual protected from discrimination is one who “is capable of performing the essential functions of the job or jobs for which he is being considered [sic] with reasonable accommodation.” Vermont defines “handicapped individual” to include one with “a physical or mental impairment [including, inter alia, cosmetic disfigurement, learning disabilities, mental retardation, and substance abuse] which substantially limits one or more major life activities”; (b) a “history or record of such an impairment or (c) [a condition] regarded as … such an impairment.” Vermont requires employers to provide reasonable accommodation in duties performance, job structure and architectural barriers to disabled employees and applicants, provided it does not impose undue hardship on the employer given accommodation cost and employer size and operations.

See Vermont’s website for more information.

Virginia

Virginia’s anti-discrimination laws apply to employers with more than five but less than 15 employees. Virginia provides that an employer may not “discriminate in employment or promotion practices against an otherwise qualified person with a disability solely because of such disability.”

A qualified person with a disability means a “person with a disability … qualified to perform the duties of a particular job or position.” Virginia requires that employers provide reasonable accommodation for the known physical and mental impairments of an otherwise qualified person with a disability, if necessary to assist such person in the performance of a particular job, unless the employer can demonstrate that the accommodation would impose an undue burden on the employer “in light of hardship on the employer’s business, size of facility, nature and cost of accommodation, possible use by others, and potential safety hazard.”

See Virginia’s website for more information.

Washington

Washington’s anti-discrimination laws apply to employers with at least 8 employees. Washington does not allow an employer to refuse to hire, terminate, and discriminate in a promotion or compensation because of a disability. Disability means means the presence of a sensory, mental, or physical impairment that:
(i) Is medically cognizable or diagnosable; or
(ii) Exists as a record or history; or
(iii) Is perceived to exist whether or not it exists in fact

An employer must make reasonable accommodation for an impairment that substantially limits an employee’s ability to do his or her job, to be considered for
a job, or to have access to equal terms and conditions of the job. An employer must also make reasonable accommodation for a condition that will likely result in
a substantially limiting impairment if the condition is not reasonably accommodated.

See Washington’s Website for more information.

West Virginia

West Virginia’s anti-discrimination law applies to employers with at least 12 other employees. It is unlawful for an employer to discriminate with respect to compensation, hire, tenure, term, conditions or privileges of employment if the individual is competent and able to perform his or her duties.

Disability means a physical or mental impairment which substantially limits one or more major life activities, a record of such impairment, or being regarded as having such an impairment. Employers must reasonably accommodate employees with disabilities unless it imposes an undue hardship on the employer.

See the law for more information.

Wisconsin

Wisconsin’s anti-discrimination law applies to employers with at least 1 employee. Wisconsin does not allow an employer to refuse to hire, terminate, and discriminate in a promotion or compensation because of a handicap unless based upon a bona fide occupational qualification.

An “individual with a disability” is defined as an individual who has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work. The first prong involving an “impairment which makes achievement unusually difficult” is similar to the “substantially impairs one or more major life activities” criterion under the ADA. The second prong “limits the capacity to work” refers to the particular job in question.

Employers are required to provide a reasonable accommodation for individual’s with a disability unless it creates an undue hardship for the employer.

See Wisconsin’s website for more information.

Wyoming

Wyoming prevents discrimination by private employers that employ more than 2 employees. Under the state statute, an employer may not refuse to hire, discharge, promote, demote, or discriminate against a qualified handicapped person unless based upon a bona fide occupational qualification.

“Disabled person” means any person who has a physical or mental impairment that substantially limits one or more major life activity, has a record of such impairment, or is regarded as having such an impairment.

Wyoming requires that an employer provide reasonable accommodation for an employee’s disability unless providing such accommodation would result in undue hardship for the employer. 

See Wyoming’s website for more information.