42 U.S.C. § 12113 — Defenses

(a) In general It may be a defense to a discrimination charge that applying a qualification standard, test, or selection criteria that screens out or denies a job or benefit to a person with a disability has been shown to be job-related and consistent with business necessity, and that reasonable accommodation still could not make the performance possible, as this subchapter requires. (b) Qualification standards "Qualification standards" may include a requirement that a person not pose a direct threat to the health or safety of others in the workplace. (c) Qualification standards and tests related to uncorrected vision Notwithstanding section 12102(4)(E)(ii) of this title, a covered entity may not use qualification standards, employment tests, or other selection criteria based on a person's uncorrected vision, unless the standard is shown to be job-related for the position and consistent with business necessity. (d) Religious entities (1) In general. This subchapter does not stop a religious corporation, association, educational institution, or society from favoring individuals of a particular religion for jobs connected to carrying out its activities. (2) Religious tenets requirement. A religious organization may require applicants and employees to conform to its religious tenets. (e) List of infectious and communicable diseases (1) In general. No later than 6 months after July 26, 1990, the Secretary of Health and Human Services must (A) review infectious and communicable diseases that may spread through handling the food supply; (B) publish a list of such diseases; (C) publish how they are transmitted; and (D) widely share this information with the public. The list must be updated annually. (2) Applications. If a person has an infectious or communicable disease that spreads to others through food handling, that is on the Secretary's list, and that cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue assigning that person to a food-handling job. (3) Construction. Nothing in this chapter preempts, modifies, or amends any state, county, or local food-handling law designed to protect public health from people who pose a significant risk to others' health or safety, that cannot be eliminated by reasonable accommodation, based on the Secretary's published list.