16 Pa. Code § 44.15

Current through Register Vol. 54, No. 19, May 11, 2024
Section 44.15 - Handicaps or disabilities not presently but potentially job related
(a) An employer may not terminate, subject to different terms or conditions of employment, or refuse to hire or promote an employe or applicant because of a present handicap or disability which is not job-related but which may worsen and become job-related or because of a past job-related handicap or disability which may or may not recur; provided that this subsection is not construed so as to impose an undue hardship on the employer.
(b) In determining whether or not an undue hardship is imposed by the requirements of subsection (a), factors to be considered in addition to those appearing at § 44.4 (relating to definitions) include, but are not limited to:
(1) The length, cost and nature of training required for the job.
(2) The length of service the employer can reasonably expect before the employe's handicap or disability is likely to become job-related.

16 Pa. Code § 44.15