Section 910 IAC 3-2-13 - "Qualified individual with a disability" definedAuthority: IC 22-9-5-27
Affected: IC 22-9-5
Sec. 13.
(a) "Qualified individual with a disability" means an individual with a disability: (1) who satisfies the requisite skill, experience, education, and other job-related requirements of the employment position such individual holds or desires; and(2) with or without reasonable accommodation, can perform the essential functions of such position.(b) The term does not include individuals currently engaging in the illegal use of drugs when the covered entity acts on the basis of such use. The following definitions apply throughout this section: (1) "Drug" means a controlled substance as defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) .(2) "Illegal use of drugs" means the use of drugs the possession or distribution of which is unlawful under the Controlled Substances Act as periodically updated by the Food and Drug Administration. The term does not include the use of a drug taken under the supervision of a licensed health care professional or other uses authorized by the Controlled Substances Act or other provisions of federal law.(c) The term may not exclude an individual who:(1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs;(2) is participating in a supervised rehabilitation program and is no longer engaging in such use; or(3) is erroneously regarded as engaging in such use, but is not engaging in such use.(d) It shall not be a violation of this article for a covered entity to adopt or administer reasonable policies or procedures, including, but not limited to, drug testing, designed to ensure that an individual described in subsection (c) is no longer engaging in the illegal use of drugs.(e) Homosexuality and bisexuality are not impairments and so are not disabilities as defined in this article.Civil Rights Commission; 910 IAC 3-2-13; filed Dec 31, 1998, 2:10 p.m.: 22 IR 1518; readopted filed Oct 18, 2005, 2:30 p.m.: 29 IR 897; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA