SEC.
102. DISCRIMINATION.
(a) General
Rule.--No covered entity shall discriminate against a
qualified individual with a disability because of the
disability of such individual 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), the term
"discriminate" 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 title (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) Medical
Examinations and Inquiries.--
(1) In general.--The
prohibition against discrimination as referred to in
subsection (a) 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 Act shall be provided relevant information on
request; and
(C) the results of such
examination are used only in accordance with this title.
(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).
