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U.S. Code as of:
01/19/04
Section 12113. Defenses
(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) 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.
(d) 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 )1(! 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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