Page:United States Statutes at Large Volume 104 Part 1.djvu/368

 104 STAT. 334 PUBLIC LAW 101-336 —JULY 26, 1990 and such performance cannot be accomplished by reasonable accommodation, as required under this title. (b) QuAUFiCATiON STANDARDS.— The term "qualification standards" may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace. (c) RELIGIOUS ENTITIES.— (1) IN GENERAL.— This title shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. (2) RELIGIOUS TENETS REQUIREMENT.—Under this title, a religious organization may require that all applicants and employees conform to the religious tenets of such organization. (d) LIST OF INFECTIOUS AND COMMUNICABLE DISEASES. — (1) IN GENERAL.—The Secretary of Health and Human Services, not later than 6 months after the date of enactment of this Act, shall— (A) review all infectious and communicable diseases which may be transmitted through handling the food supply; (B) publish a list of infectious and communicable diseases which are transmitted through handling the food supply; (C) publish the methods by which such diseases are Public transmitted; and information. (D) widely disseminate such information regarding the list of diseases and their modes of transmissability to the general public. Such list shall be updated annually. (2) APPLICATIONS.— In any case in which an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services under paragraph (1), and which cannot be eliminated by resisonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling. (3) CONSTRUCTION.— Nothing in this Act shall be construed to preempt, modify, or amend any State, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, which cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissability published by the Secretary of Health and Human Services. 42 USC 12114. SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL. (a) QUALIFIED INDIVIDUAL WITH A DISABILITY.—For purposes of this title, the term "qualified individual with a disability" shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.

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