Qualification standards, tests, or criteria; defense to discrimination
charges; direct threat to health and safety
Sec. 21. (a) 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 performance cannot be accomplished by
reasonable accommodation, as required under this chapter.
(b) As used in subsection (a), 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.
As added by P.L.111-1992, SEC.4.
Last modified: May 27, 2006