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42 U.S.C. § 12115 — Posting notices

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12115 — Posting notices

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

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Stable record: federal_law:legal_authorities:usc2024-0d7da8c7f482f6385db8f2d3
Source file: Laws/federal/codes/united-states-code-2024/title-42/section-12115-posting-notices--2d81c0d8d2.md
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Source location: USCODE-2024-title42-chap126-subchapI-sec12115.pdf

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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 testing (1) In general For purposes of this subchapter, a test to de- termine the illegal use of drugs shall not be considered a medical examination. (2) Construction Nothing in this subchapter shall be con- strued to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results. (e) Transportation employees Nothing in this subchapter shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transpor- tation of authority to— (1) test employees of such entities in, and applicants for, positions involving safety-sen- sitive duties for the illegal use of drugs and for on-duty impairment by alcohol; and (2) remove such persons who test positive for illegal use of drugs and on-duty impairment by alcohol pursuant to paragraph (1) from safety-sensitive duties in implementing sub- section (c). (Pub. L. 101–336, title I, § 104, July 26, 1990, 104 Stat. 334; Pub. L. 110–325, § 5(c)(2), Sept. 25, 2008, 122 Stat. 3557.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), 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. CODIFICATION In subsec. (c)(3), ‘‘chapter 81 of title 41’’ substituted for ‘‘the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.)’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 2008—Subsec. (a). Pub. L. 110–325 substituted ‘‘a quali- fied individual with a disability shall’’ for ‘‘the term ‘qualified individual with a disability’ shall’’. Statutory Notes and Related Subsidiaries 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 section 705 of Title 29, Labor. EFFECTIVE DATE Section effective 24 months after July 26, 1990, see section 108 of Pub. L. 101–336, set out as a note under section 12111 of this title. § 12115. Posting notices Every employer, employment agency, labor organization, or joint labor-management com- mittee covered under this subchapter shall post notices in an accessible format to applicants, employees, and members describing the applica- ble provisions of this chapter, in the manner prescribed by section 2000e–10 of this title. (Pub. L. 101–336, title I, § 105, July 26, 1990, 104 Stat. 336.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 24 months after July 26, 1990, see section 108 of Pub. L. 101–336, set out as a note under section 12111 of this title. § 12116. Regulations Not later than 1 year after July 26, 1990, the Commission shall issue regulations in an acces- sible format to carry out this subchapter in ac- cordance with subchapter II of chapter 5 of title 5. (Pub. L. 101–336, title I, § 106, July 26, 1990, 104 Stat. 336.)

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12115 — Discrimination

**(a) General rule** No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. **(b) Construction** As used in subsection (a), the term “discriminate against a qualified individual on the basis of disability” includes— (1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee; (2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity’s qualified applicant or employee with a disability to the discrimination prohibited by this subchapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs); (3) utilizing standards, criteria, or methods of administration— (A) that have the effect of discrimination on the basis of disability; or (B) that perpetuate the discrimination of others who are subject to common administrative control; (4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association; (5) (A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered en

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