Title 34, Chapter 6A, Section 4
( 34-6A-4)
(a) No employer shall fail or refuse to hire nor shall any employer
discharge or discriminate against any individual with disabilities
with respect to wages, rates of pay, hours, or other terms and
conditions of employment because of such person's disability unless
such disability restricts that individual's ability to engage in the
particular job or occupation for which he or she is eligible; nor
shall any employer limit, segregate, or classify individuals with
disabilities in any way which would deprive or tend to deprive any
individual with disabilities of employment opportunities or
otherwise affect employee status because of such person's
disability, unless such disability constitutes a bona fide and
necessary reason for such limitation, segregation, or
classification. This subsection shall not be construed to require
any employer to modify his or her physical facilities or grounds in
any way or exercise a higher degree of caution for an individual
with disabilities than for any person who is not an individual with
disabilities, nor shall this subsection be construed to prohibit
otherwise lawful employment practices or requirements merely because
such practices or requirements affect a greater proportion of
individuals with disabilities than individuals without disabilities
within the area from which the employer customarily hires his or her
employees. (b) No employment agency, placement service, training school or
center, or labor organization shall fail or refuse to refer for
employment or otherwise discriminate against individuals because of
their disability. (c) No labor organization shall exclude or expel from its membership
or otherwise discriminate against individuals because of their
disability; nor shall a labor organization limit, segregate, or
classify its membership or classify or fail or refuse to refer for
employment any individual with disabilities in any way which would
deprive or tend to deprive any individual with disabilities of
employment opportunities, would otherwise affect such person's
employee status or employment applicant status, or would adversely
affect such person's wages, hours, or conditions of employment
because of such person's disability. (d) No employer, labor organization, or joint labor-management
committee controlling apprenticeship programs or other training or
retraining, including on-the-job training programs, shall
discriminate against any individual because of such individual's
disability, in the admission to or the employment in any program
established to provide apprenticeship or other training. (e) It is discrimination for an employer to print or publish or
cause to be printed or published a notice or advertisement relating
to employment by such employer, which advertisement or notice
indicates any preference, limitation, specification, or
discrimination based on disability, except that such a notice or
advertisement may indicate a limitation or specification based upon
disability if the criteria is job related. |