§12113 Defenses

Summary

Employers and other covered entities can defend against claims of disability discrimination if a job rule, test, or hiring standard that excludes someone with a disability is shown to be tied to the job, necessary for the business, and the person cannot meet the job even with reasonable accommodation. A qualification rule can say someone must not pose a direct threat to others’ health or safety. Rules or tests based on a person’s uncorrected vision are not allowed unless the employer shows they are job-related and necessary. Religious organizations may prefer people of their religion for work connected to their religious activities and may require employees to follow their religious beliefs. The Secretary of Health and Human Services must, not later than 6 months after July 26, 1990, review and publish a list of diseases that can spread through food, explain how they spread, share that information widely, and update the list every year. If a person has a listed food-transmitted disease that cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign that person to food-handling work. This does not override state or local public-health food-safety laws.