Food handling job assignment; denial to person having infectious
or communicable disease; validity of other food handling
provisions
Sec. 23. (a) In any case in which an individual has an infectious
or communicable disease that:
(1) is transmitted to others through the handling of food;
(2) is included on the list developed by the Secretary of Health
and Human Services under 42 U.S.C. 12113; and
(3) constitutes a significant risk to the health or safety of others
that cannot be eliminated by reasonable accommodation;
a covered entity may refuse to assign or continue to assign the
individual to a job involving food handling.
(b) Nothing in this chapter shall be construed to preempt, modify,
or amend any statute, rule, or ordinance applicable to food handling
that is designed to protect the public health from individuals who
pose a significant risk to the health or safety of others that cannot be
eliminated by reasonable accommodation pursuant to the list
published by the Secretary of Health and Human Services under 42
U.S.C. 12113.
As added by P.L.111-1992, SEC.4.
Last modified: May 27, 2006