What is a Disability?
It is unlawful for any employer to deny employment opportunities, compensation, terms, conditions, or privileges of employment to a job applicant or employee who is a qualified individual with a disability, if such denial is based on the need of such employer to make reasonable accommodations to the physical or mental impairments of the applicant or employee.
What Constitutes a Disability?
- Having a physical or mental impairment that substantially limits one or more major life activities;
- Having record of such an impairment (Example: diagnosed with cancer, which is in remission);
- Being regarded as having such an impairment (Example: having to wear eyeglasses but being treated as if blind)
Additionally, association with a disability is protected by anti-discrimination laws (not hiring an individual because their child has a disability, which may require time off during their tenure.)
Essential Functions of a Position
Essential functions are found in a position’s job description. An employee must be able to perform the essential functions of their position with, or without, an accommodation.
Factors for employers to consider when determining if a function is essential include:
- Whether the reason the position exists is to perform that function;
- The number of other employees available to perform the function or among whom the performance of the function can be distributed; and
- The degree of expertise or skill required to perform the function.
Questions?
Contact the Commission
Phone: 603-271-2767
Email: humanrights@hrc.nh.gov