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U.S. Code as of:
01/19/04
Section 12111. Definitions
As used in this subchapter:
(1) Commission
The term "Commission" means the Equal Employment Opportunity
Commission established by section 2000e-4 of this title.
(2) Covered entity
The term "covered entity" means an employer, employment agency,
labor organization, or joint labor-management committee.
(3) Direct threat
The term "direct threat" means a significant risk to the health
or safety of others that cannot be eliminated by reasonable
accommodation.
(4) Employee
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.
(5) Employer
(A) In general
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.
(B) Exceptions
The term "employer" does not include -
(i) the United States, a corporation wholly owned by the
government of the United States, or an Indian tribe; or
(ii) a bona fide private membership club (other than a
labor organization) that is exempt from taxation under
section 501(c) of title 26.
(6) Illegal use of drugs
(A) In general
The term "illegal use of drugs" means the use of drugs, the
possession or distribution of which is unlawful under the
Controlled Substances Act [21 U.S.C. 801 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.
(B) Drugs
The term "drug" means a controlled substance, as defined in
schedules I through V of section 202 of the Controlled
Substances Act [21 U.S.C. 812].
(7) Person, etc.
The terms "person", "labor organization", "employment agency",
"commerce", and "industry affecting commerce", shall have the
same meaning given such terms in section 2000e of this title.
(8) Qualified individual with a disability
The term "qualified individual with a disability" means an
individual with a disability 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.
(9) Reasonable accommodation
The term "reasonable accommodation" may include -
(A) making existing facilities used by employees readily
accessible to and usable by individuals with disabilities; and
(B) job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification
of equipment or devices, appropriate adjustment or
modifications of examinations, training materials or policies,
the provision of qualified readers or interpreters, and other
similar accommodations for individuals with disabilities.
(10) Undue hardship
(A) In general
The term "undue hardship" means an action requiring
significant difficulty or expense, when considered in light of
the factors set forth in subparagraph (B).
(B) Factors to be considered
In determining whether an accommodation would impose an undue
hardship on a covered entity, factors to be considered include
-
(i) the nature and cost of the accommodation needed under
this chapter;
(ii) the overall financial resources of the facility or
facilities involved in the provision of the reasonable
accommodation; the number of persons employed at such
facility; the effect on expenses and resources, or the impact
otherwise of such accommodation upon the operation of the
facility;
(iii) the overall financial resources of the covered
entity; the overall size of the business of a covered entity
with respect to the number of its employees; the number,
type, and location of its facilities; and
(iv) the type of operation or operations of the covered
entity, including the composition, structure, and functions
of the workforce of such entity; the geographic separateness,
administrative, or fiscal relationship of the facility or
facilities in question to the covered entity.
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