42 U.S.C. § 12112 — Discrimination

(a) General rule A covered entity may not discriminate against a qualified individual because of disability, regarding job application procedures, hiring, advancement, discharge, compensation, job training, and other terms, conditions, and privileges of employment. (b) Construction "Discriminate against a qualified individual on the basis of disability" includes: (1) limiting, segregating, or classifying an applicant or employee in a way that hurts their opportunities or status because of disability; (2) taking part in a contract or relationship — including with a staffing or referral agency, labor union, benefits provider, or training program — that has the effect of subjecting the entity's qualified applicant or employee with a disability to discrimination this subchapter prohibits; (3) using standards, criteria, or administrative methods that (A) have the effect of discrimination based on disability, or (B) perpetuate the discrimination of others under common administrative control; (4) excluding or denying equal jobs or benefits to a qualified individual because of the known disability of someone they are known to be associated with; (5)(A) not making reasonable accommodations for the known physical or mental limits of an otherwise qualified applicant or employee with a disability, unless the entity shows the accommodation would be an undue hardship on its business; or (B) denying employment opportunities to an otherwise qualified applicant or employee because of the need to make such an accommodation; (6) using qualification standards, employment tests, or other selection criteria that screen out or tend to screen out people with disabilities, unless the standard is shown to be job-related for the position and consistent with business necessity; and (7) failing to select and administer tests in the most effective way to ensure that, for an applicant or employee whose disability impairs sensory, manual, or speaking skills, the results accurately measure the intended skill or aptitude, rather than reflecting the impaired skill — except where that impaired skill is exactly what the test is meant to measure. (c) Covered entities in foreign countries (1) In general. It is not unlawful under this section for a covered entity to take an action that would otherwise be discrimination, regarding an employee in a foreign workplace, if complying with this section would force the entity to violate that country's law. (2) Control of corporation. (A) Presumption. If an employer controls a corporation incorporated in a foreign country, discrimination that corporation commits under this section is presumed to be the employer's doing. (B) Exception. This section does not apply to the foreign operations of a foreign employer not controlled by an American employer. (C) Determination. Whether an employer controls the corporation is decided based on (i) the interrelation of operations; (ii) common management; (iii) centralized control of labor relations; and (iv) common ownership or financial control, between the employer and the corporation. (d) Medical examinations and inquiries (1) In general. The prohibition in subsection (a) includes medical examinations and inquiries. (2) Preemployment. (A) Prohibited examination or inquiry. Except as paragraph (3) allows, a covered entity may not conduct a medical examination of a job applicant, or ask whether the applicant has a disability or how severe it is. (B) Acceptable inquiry. A covered entity may ask about an applicant's ability to perform job-related functions. (3) Employment entrance examination. A covered entity may require a medical examination, and may condition a job offer on its results, after making the offer but before employment duties begin, if (A) all entering employees undergo the examination regardless of disability; (B) medical information is collected and kept on separate forms in separate confidential medical files, except that (i) supervisors and managers may be told about necessary work restrictions and accommodations, (ii) first aid and safety personnel may be told if a disability might require emergency treatment, and (iii) government compliance investigators must be given relevant information on request; and (C) the results are used only as this subchapter allows. (4) Examination and inquiry. (A) Prohibited examinations and inquiries. A covered entity may not require a medical examination, or ask an employee whether they have a disability or how severe it is, unless the 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 and histories as part of an employee health program available at that work site, and may ask employees about their ability to perform job-related functions. (C) Requirement. Information gathered under (B) is subject to the same confidentiality requirements as paragraph (3)(B) and (C).