
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC12113]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                        SUBCHAPTER I--EMPLOYMENT
 
Sec. 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.
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    \1\ So in original. Probably should be ``transmissibility''.

    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.

(Pub. L. 101-336, title I, Sec. 103, July 26, 1990, 104 Stat. 333.)

                  Section Referred to in Other Sections

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