42 USC § 12113 - Defenses
(a)
In general
It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this subchapter.
(b)
Qualification standards
The term “qualification standards” may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.
(c)
Qualification standards and tests related to uncorrected vision
Notwithstanding section
12102
(4)(E)(ii) of this title, a covered entity shall not use qualification standards, employment tests, or other selection criteria based on an individual’s uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and consistent with business necessity.
(d)
Religious entities
(1)
In general
This subchapter shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.
(e)
List of infectious and communicable diseases
(1)
In general
The Secretary of Health and Human Services, not later than 6 months after July 26, 1990, shall—
(A)
review all infectious and communicable diseases which may be transmitted through handling the food supply;
(B)
publish a list of infectious and communicable diseases which are transmitted through handling the food supply;
(D)
widely disseminate such information regarding the list of diseases and their modes of transmissability
[1]
to the general public.
Such list shall be updated annually.
(2)
Applications
In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services under paragraph (1), and which cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling.
(3)
Construction
Nothing in this chapter shall be construed to preempt, modify, or amend any State, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissability
[1]
published by the Secretary of Health and Human Services.
[1] So in original. Probably should be “transmissibility”.
(a)
In general
It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this subchapter.
(b)
Qualification standards
The term “qualification standards” may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.
(c)
Qualification standards and tests related to uncorrected vision
Notwithstanding section
12102
(4)(E)(ii) of this title, a covered entity shall not use qualification standards, employment tests, or other selection criteria based on an individual’s uncorrected vision unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and consistent with business necessity.
(d)
Religious entities
(1)
In general
This subchapter shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.
(e)
List of infectious and communicable diseases
(1)
In general
The Secretary of Health and Human Services, not later than 6 months after July 26, 1990, shall—
(A)
review all infectious and communicable diseases which may be transmitted through handling the food supply;
(B)
publish a list of infectious and communicable diseases which are transmitted through handling the food supply;
(D)
widely disseminate such information regarding the list of diseases and their modes of transmissability
[1]
to the general public.
Such list shall be updated annually.
(2)
Applications
In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services under paragraph (1), and which cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling.
(3)
Construction
Nothing in this chapter shall be construed to preempt, modify, or amend any State, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissability
[1]
published by the Secretary of Health and Human Services.
[1] So in original. Probably should be “transmissibility”.
Source
(Pub. L. 101–336, title I, § 103,July 26, 1990, 104 Stat. 333; Pub. L. 110–325, § 5(b),Sept. 25, 2008, 122 Stat. 3557.)
References in Text
This chapter, referred to in subsecs. (a) and (e)(3), was in the original “this Act”, meaning Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
12101 of this title and Tables.
Amendments
2008—Subsecs. (c) to (e). Pub. L. 110–325added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–325effective Jan. 1, 2009, see section 8 ofPub. L. 110–325, set out as a note under section
705 of Title
29, Labor.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Wednesday, February 6, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
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