42 U.S.C. § 12112 : US Code - Section 12112: Discrimination

Search 42 U.S.C. § 12112 : US Code - Section 12112: Discrimination

    (a) General rule
      No covered entity shall discriminate against a qualified
    individual on the basis of disability 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
    against a qualified individual on the basis of disability" 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).