
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC7203]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
           Subpart F--Labor-Management and Employee Relations
 
       CHAPTER 72--ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS
 
             SUBCHAPTER I--ANTIDISCRIMINATION IN EMPLOYMENT
 
Sec. 7203. Handicapping condition

    The President may prescribe rules which shall prohibit, as nearly as 
conditions of good administration warrant, discrimination because of 
handicapping condition in an Executive agency or in the competitive 
service with respect to a position the duties of which, in the opinion 
of the Office of Personnel Management, can be performed efficiently by 
an individual with a handicapping condition, except that the employment 
may not endanger the health or safety of the individual or others.

(Pub. L. 89-544, Sept. 6, 1966, 80 Stat. 523, Sec. 7153; renumbered 
Sec. 7203 and amended Pub. L. 95-454, title I, Sec. 101(b)(2), title 
VII, Sec. 703(a)(1), title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 
1118, 1216, 1224.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 633(2)9.             June 10, 1948, ch.
                                                    434, 62 Stat. 351.
------------------------------------------------------------------------

    The authority of the President to prescribe rules is added on 
authority of former section 633(1), which is carried into section 3302. 
The section is rewritten as a general prohibition instead of specifying 
the personnel actions included in former section 633(2)9. The words ``in 
an Executive agency or in the competitive service'' are added for 
clarity.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.


                               Amendments

    1978--Pub. L. 95-454, Sec. 703(a)(1), renumbered section 7153 of 
this title as this section.
    Pub. L. 95-454, Secs. 101(b)(2), 906(a)(2), substituted 
``Handicapping condition'' for ``Physical handicap'' in section 
catchline, ``handicapping condition'' for ``physical handicap'' wherever 
appearing in text, and ``Office of Personnel Management'' for ``Civil 
Service Commission''.


                    Effective Date of 1978 Amendment

    Amendment by sections 101(b)(2) and 906(a)(2) of Pub. L. 95-454 
effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95-
454, set out as a note under section 1101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 3302 of this title.
