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.
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.
Notwithstanding sectionof 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.
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.
Under this subchapter, a religious organization may require that all applicants and employees conform to the religious tenets of such organization.
The Secretary of Health and Human Services, not later than 6 months after July 26, 1990, shall-
Such list shall be updated annually.
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.
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".
42 U.S.C. § 12113
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 TEXTThis 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 sectionof this title and Tables.
AMENDMENTS 2008-Subsecs. (c) to (e). Pub. L. 110-325 added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
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 DATESection effective 24 months after July 26, 1990, see section 108 of Pub. L. 101-336, set out as a note under sectionof this title.
- The term "Secretary" means the Secretary of Housing and Urban Development. 1 See References in Text note below.