Page:United States Statutes at Large Volume 104 Part 1.djvu/367

 PUBLIC LAW 101-336 —JULY 26, 1990 104 STAT. 333 (2) PREMPLOYMENT. — (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 premployment inquiries into the ability of an applicant to perform job-related functions. (8) EMPLOYMENT ENTRANCE EXAMINATION. —A covered entity may require a medical examination after an offer of employ- ment 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). SEC. 103. DEFENSES. 42 USC 12113. (a) IN GENERAL.—It may be a defense to a charge of discrimination under this Act 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.

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