§ 309a. Employment of persons with disabilities

(a) The Commissioner shall adopt rules under chapter 25 of this title in consultation with appropriate vocational rehabilitation agencies, interested private associations and organizations, and interested individuals to establish procedures on the employment of persons with disabilities.

(b) Rules adopted by the Commissioner shall allow flexibility with respect to hiring persons with a disability. The Commissioner may require certification by the Commissioner of Disabilities, Aging, and Independent Living to accompany the usual application for employment. The Commissioner of Disabilities, Aging, and Independent Living shall indicate in its certification that:

(1) the applicant is physically qualified to do the work without hazard to himself or herself or others; and

(2) the applicant is competent to maintain himself or herself in a work environment.

(c) The Commissioner, in his or her discretion, may waive qualifications which exclude a person with a disability who is otherwise qualified. A waiver may apply to competitive entrance examinations, provisions relating to previous experience, or any other requirement for qualification. A waiver is to be used for equal access to employment, not for an advantage. (Added 1977, No. 181 (Adj. Sess.), § 1, eff. April 3, 1978; amended 1989, No. 219 (Adj. Sess.), § 9; 1993, No. 210 (Adj. Sess.), § 12; 2005, No. 174 (Adj. Sess.), § 3; 2013, No. 96 (Adj. Sess.), § 6.)