What legislation could be violated by a hiring decision favoring an employee without disabilities over a more qualified disabled candidate?

The correct choice highlights that both the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973 are pertinent when considering employment decisions that could discriminate against individuals with disabilities.

The Americans with Disabilities Act establishes a broad civil rights framework aimed at protecting individuals with disabilities from discrimination in various areas, including employment. It specifically mandates that employers must provide equal opportunities to qualified individuals with disabilities and prohibits making employment decisions based solely on disability status, especially if a more qualified candidate with a disability is overlooked for a position.

The Rehabilitation Act complements this by emphasizing the employment of individuals with disabilities in federal programs or those receiving federal assistance. This Act enforces similar anti-discrimination standards in the workforce as the ADA, ensuring that qualified individuals are not unjustly excluded from job opportunities essential to their capability to work.

Both pieces of legislation aim to create a more equitable work environment for individuals with disabilities, and favoring a non-disabled candidate over a more qualified disabled candidate would directly contravene the principles set forth in both the ADA and the Rehabilitation Act.