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42 U.S.C. § 12116 — Defenses
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102/4/E/ii&num=0&edition=prelim), 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.
(2) **Religious tenets requirement** — Under this subchapter, a religious organization may require that all applicants and employees conform to the religious tenets of such organization.
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Stable record: federal_law:legal_authorities:record_usc_5385ed339c43e5af568b8910
Source file: Laws/federal/codes/united-states-code/title-42/section-12116-defenses--e3440ffee8.md
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Source location: Title 42, Chapter 126, § 12116; chapter-126-equal-opportunity-for-individuals-with-disabilities.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12102/4/E/ii&num=0&edition=prelim), 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.
(2) **Religious tenets requirement** — Under this subchapter, a religious organization may require that all applicants and employees conform to the religious tenets of such organization.
**(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;
(C) publish the methods by which such diseases are transmitted; and
(D) widely disseminate such information regarding the list of diseases and their modes of transmissability 11 So in original. Probably should be “transmissibility”. 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** The Congress finds that—
(1) physical or mental disabilities in no way diminish a person’s right to fully participate in all aspects of society, yet many people with physical or mental disabilities have been precluded from doing so because of discrimination; others who have a record of a disability or are regarded as having a disability also have been subjected to discrimination;
(2) historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continue to be a serious and pervasive social problem;
(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services;
(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;
(5) individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of architectural, transportation, and communication barriers, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification standards and criteria, segregation, and relegation to lesser services, programs, activities, benefits, jobs, or other opportunities;
(6) census data, national polls, and other studies have documented that people with disabilities, as a group, occupy an inferio
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Homosexuality and bisexuality** For purposes of the definition of “disability” in section 12102(2) 11 See References in Text note below. of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.
**(b) Certain conditions** Under this chapter, the term “disability” shall not include—
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
(2) compulsive gambling, kleptomania, or pyromania; or
(3) psychoactive substance use disorders resulting from current illegal use of drugs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The State may use funds received under this subpart to provide the resources described in [section 796d(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796d/e&num=0&edition=prelim) (but may not use more than 30 percent of the funds paid to the State under [section 796e–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796e-1&num=0&edition=prelim) for such resources unless the State specifies that a greater percentage of the funds is needed for such resources in a State plan approved under [section 796d–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796d-1&num=0&edition=prelim)), relating to the Statewide Independent Living Council, may retain funds under [section 796c(c)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796c/c/5&num=0&edition=prelim), and shall distribute the remainder of the funds received under this subpart in a manner consistent with the approved State plan for the activities described in subsection (b).
**(b) Activities** The State may use the remainder of the funds described in subsection (a)—
(1) to provide independent living services to individuals with significant disabilities, particularly those in unserved areas of the State;
(2) to demonstrate ways to expand and improve independent living services;
(3) to support the operation of centers for independent living that are in compliance with the standards and assurances set forth in subsections (b) and (c) of [section 796f–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section796f-4&num=0&edition=prelim);
(4) to support activities to increase the capacities o
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Powers, remedies, and procedures** The powers, remedies, and procedures set forth in sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and 2000e–9 of this title shall be the powers, remedies, and procedures this subchapter provides to the Commission, to the Attorney General, or to any person alleging discrimination on the basis of disability in violation of any provision of this chapter, or regulations promulgated under [section 12116 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12116&num=0&edition=prelim), concerning employment.
**(b) Coordination** The agencies with enforcement authority for actions which allege employment discrimination under this subchapter and under the Rehabilitation Act of 1973 [[29 U.S.C. 701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section701&num=0&edition=prelim) et seq.] shall develop procedures to ensure that administrative complaints filed under this subchapter and under the Rehabilitation Act of 1973 are dealt with in a manner that avoids duplication of effort and prevents imposition of inconsistent or conflicting standards for the same requirements under this subchapter and the Rehabilitation Act of 1973. The Commission, the Attorney General, and the Office of Federal Contract Compliance Programs shall establish such coordinating mechanisms (similar to provisions contained in the joint regulations promulgated by the Commission and the Attorney General at part 42 of title 28 and part 1691 of title 29, Code of Federal Regulations, and the Memorandum of Understanding between the Commission and the Office of Federal Contract Compliance Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23, 1981)) in regulations implementing this subchapter and Rehabilitation
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12133
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Federal law — U.S. Code and appendices · legal_authorities
Page 8245
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12116
such entity holds other employees, even if any
unsatisfactory performance or behavior is re-
lated to the drug use or alcoholism of such
employee; and
(5) may, with respect to Federal regulations
regarding alcohol and the illegal use of drugs,
require that—
(A) employees comply with the standards
established in such regulations of the De-
partment of Defense, if the employees of the
covered entity are employed in an industry
subject to such regulations, including com-
plying with regulations (if any) that apply
to employment in sensitive positions in such
an industry, in the case of employees of the
covered entity who are employed in such po-
sitions (as defined in the regulations of the
Department of Defense);
(B) employees comply with the standards
established in such regulations of the Nu-
clear Regulatory Commission, if the employ-
ees of the covered entity are employed in an
industry subject to such regulations, includ-
ing complying with regulations (if any) that
apply to employment in sensitive positions
in such an industry, in the case of employees
of the covered entity who are employed in
such positions (as defined in the regulations
of the Nuclear Regulatory Commission); and
(C) employees comply with the standards
established in such regulations of the De-
partment of Transportation, if the employ-
ees of the covered entity are employed in a
transportation industry subject to such reg-
ulations, including complying with such reg-
ulations (if any) that apply to employment
in sensitive positions in such an industry, in
the case of employees of the covered entity
who are employed in such positions (as de-
fined in the regulations of the Department
of Transportation).
(d) Drug te
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12116
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.