
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12112]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                        SUBCHAPTER I--EMPLOYMENT
 
Sec. 12112. Discrimination


(a) General rule

    No covered entity shall discriminate against a qualified individual 
with a disability because of the disability of such individual 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) of this section, the term ``discriminate'' 
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 entity can demonstrate that the accommodation would impose 
    an undue hardship on the operation of the business of such covered 
    entity; or
        (B) denying employment opportunities to a job applicant or 
    employee who is an otherwise qualified individual with a disability, 
    if such denial is based on the need of such covered entity to make 
    reasonable accommodation to the physical or mental impairments of 
    the employee or applicant;
        (6) using qualification standards, employment tests or other 
    selection criteria that screen out or tend to screen out an 
    individual with a disability or a class of individuals with 
    disabilities unless the standard, test or other selection criteria, 
    as used by the covered entity, is shown to be job-related for the 
    position in question and is consistent with business necessity; and
        (7) failing to select and administer tests concerning employment 
    in the most effective manner to ensure that, when such test is 
    administered to a job applicant or employee who has a disability 
    that impairs sensory, manual, or speaking skills, such test results 
    accurately reflect the skills, aptitude, or whatever other factor of 
    such applicant or employee that such test purports to measure, 
    rather than reflecting the impaired sensory, manual, or speaking 
    skills of such employee or applicant (except where such skills are 
    the factors that the test purports to measure).

(c) Covered entities in foreign countries

                           (1) In general

        It shall not be unlawful under this section for a covered entity 
    to take any action that constitutes discrimination under this 
    section with respect to an employee in a workplace in a foreign 
    country if compliance with this section would cause such covered 
    entity to violate the law of the foreign country in which such 
    workplace is located.

                     (2) Control of corporation

        (A) Presumption

            If an employer controls a corporation whose place of 
        incorporation is a foreign country, any practice that 
        constitutes discrimination under this section and is engaged in 
        by such corporation shall be presumed to be engaged in by such 
        employer.

        (B) Exception

            This section shall not apply with respect to the foreign 
        operations of an employer that is a foreign person not 
        controlled by an American employer.

        (C) Determination

            For purposes of this paragraph, the determination of whether 
        an employer controls a corporation shall be based on--
                (i) the interrelation of operations;
                (ii) the common management;
                (iii) the centralized control of labor relations; and
                (iv) the common ownership or financial control,

        of the employer and the corporation.

(d) Medical examinations and inquiries

                           (1) In general

        The prohibition against discrimination as referred to in 
    subsection (a) of this section shall include medical examinations 
    and inquiries.

                          (2) Preemployment

        (A) Prohibited examination or inquiry

            Except as provided in paragraph (3), a covered entity shall 
        not conduct a medical examination or make inquiries of a job 
        applicant as to whether such applicant is an individual with a 
        disability or as to the nature or severity of such disability.

        (B) Acceptable inquiry

            A covered entity may make preemployment inquiries into the 
        ability of an applicant to perform job-related functions.

                 (3) Employment entrance examination

        A covered entity may require a medical examination after an 
    offer of employment has been made to a job applicant and prior to 
    the commencement of the employment duties of such applicant, and may 
    condition an offer of employment on the results of such examination, 
    if--
            (A) all entering employees are subjected to such an 
        examination regardless of disability;
            (B) information obtained regarding the medical condition or 
        history of the applicant is collected and maintained on separate 
        forms and in separate medical files and is treated as a 
        confidential medical record, except that--
                (i) supervisors and managers may be informed regarding 
            necessary restrictions on the work or duties of the employee 
            and necessary accommodations;
                (ii) first aid and safety personnel may be informed, 
            when appropriate, if the disability might require emergency 
            treatment; and
                (iii) government officials investigating compliance with 
            this chapter shall be provided relevant information on 
            request; and

            (C) the results of such examination are used only in 
        accordance with this subchapter.

                     (4) Examination and inquiry

        (A) Prohibited examinations and inquiries

            A covered entity shall not require a medical examination and 
        shall not make inquiries of an employee as to whether such 
        employee is an individual with a disability or as to the nature 
        or severity of the disability, unless such examination or 
        inquiry is shown to be job-related and consistent with business 
        necessity.

        (B) Acceptable examinations and inquiries

            A covered entity may conduct voluntary medical examinations, 
        including voluntary medical histories, which are part of an 
        employee health program available to employees at that work 
        site. A covered entity may make inquiries into the ability of an 
        employee to perform job-related functions.

        (C) Requirement

            Information obtained under subparagraph (B) regarding the 
        medical condition or history of any employee are subject to the 
        requirements of subparagraphs (B) and (C) of paragraph (3).

(Pub. L. 101-336, title I, Sec. 102, July 26, 1990, 104 Stat. 331; Pub. 
L. 102-166, title I, Sec. 109(b)(2), Nov. 21, 1991, 105 Stat. 1077.)


                               Amendments

    1991--Subsecs. (c), (d). Pub. L. 102-166 added subsec. (c) and 
redesignated former subsec. (c) as (d).


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-166 inapplicable to conduct occurring 
before Nov. 21, 1991, see section 109(c) of Pub. L. 102-166, set out as 
a note under section 2000e of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1981a, 12209 of this title; 
title 2 sections 1202, 1311; title 3 section 411.
