34-6A-4. Prohibited discriminatory activities.

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.#

1. (1)

   No employer shall utilize a certificate issued by the United States Department of Labor pursuant to 29 U.S.C. Section 214(c) to pay individuals with disabilities who are employed by such employer less than the minimum wage required to be paid by employers to employees under federal law.#

2. (2)

   Notwithstanding the provisions of subsection (a) of Code Section 34-4-3 and paragraph (1) of this subsection, any employer that was issued a certificate by the United States Department of Labor pursuant to 29 U.S.C. Section 214(c) on or before July 1, 2025, may utilize such certificate to pay individuals with disabilities employed by such employer less than the minimum wage required to be paid by employers to employees under federal law; provided, however, that:#

   1. (A)

      During the period of July 1, 2026, through June 30, 2027, such employer shall pay individuals with disabilities at least half of the minimum wage required to be paid by employers to employees under federal law; and#

   2. (B)

      On and after July 1, 2027, such employer shall no longer utilize such certificate to pay individuals with disabilities less than the minimum wage required to be paid by employers to employees under federal law.#

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.#

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.#

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.#

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.#