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42 U.S.C. § 12115 — Posting notices
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
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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
**(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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