As used in this subchapter:
The term "Commission" means the Equal Employment Opportunity Commission established by sectionof this title.
The term "covered entity" means an employer, employment agency, labor organization, or joint labor-management committee.
The term "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
The term "employee" means an individual employed by an employer. With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.
The term "employer" means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this subchapter, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person.
The term "employer" does not include-
The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [et seq.]. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.
The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act .
The terms "person", "labor organization", "employment agency", "commerce", and "industry affecting commerce", shall have the same meaning given such terms in sectionof this title.
The term "qualified individual" means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this subchapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
The term "reasonable accommodation" may include-
The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).
In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include-
42 U.S.C. § 12111
Pub. L. 101-336, title I, §101, July 26, 1990, 104 Stat. 330; Pub. L. 102-166, title I, §109(a), Nov. 21, 1991, 105 Stat. 1077; Pub. L. 110-325, §5(c)(1), Sept. 25, 2008, 122 Stat. 3557.
REFERENCES IN TEXTThe effective date of this subchapter, referred to in par. (5)(A), is 24 months after July 26, 1990, see section 108 of Pub. L. 101-336 set out as an Effective Date note below.The Controlled Substances Act, referred to in par. (6)(A), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (§801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under sectionof Title 21 and Tables.This chapter, referred to in par. (10)(B)(i), was in the original "this Act", meaning Pub. L. 101-336, 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 of this title and Tables.
CONSTITUTIONALITYFor constitutionality of section 101 of Pub. L. 101-336 see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
AMENDMENTS 2008-Par. (8). Pub. L. 110-325 struck out "with a disability" after "individual" in heading and the first two places appearing in text.1991-Par. (4). Pub. L. 102-166 inserted at end "With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States."
EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110-325 effective Jan. 1, 2009, see section 8 of Pub. L. 110-325 set out as a note under sectionof Title 29, Labor.
EFFECTIVE DATE OF 1991 AMENDMENT Amendment by Pub. L. 102-166 inapplicable to conduct occurring before Nov. 21, 1991, see section 109(c) of Pub. L. 102-166 set out as a note under sectionof this title.
EFFECTIVE DATE Pub. L. 101-336, title I, §108, July 26, 1990, 104 Stat. 337, provided that: "This title [enacting this subchapter] shall become effective 24 months after the date of enactment [July 26, 1990]."