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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-09-14
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The Commission has revised section 1630.16(e)(1) to refer to
communicable diseases that "are" (rather than "may be") transmitted
through the handling of food. Several commenters asked the
Commission to make this technical change, which adopts the
statutory language.
Several commenters also asked the Commission to conform the
language of proposed sections 1630.16(f)(1) and (2) to the language
of sections 501(c)(1) and (2) of the Act. The Commission has made
this change. Thus, sections 1630.16(f)(1) and (2) now refer to
risks that are "not inconsistent with State law."
Executive Order 12291 and Regulatory Flexibility Act
The Commission published a Preliminary Regulatory Impact Analysis
on February 28, 1991 (56 FR 8578). Based on the Preliminary
Regulatory Impact Analysis, the Commission certifies that this
final rule will not have a significant economic impact on a
substantial number of small business entities. The Commission is
issuing this final rule at this time in the absence of a Final
Regulatory Impact Analysis in order to meet the statutory deadline.
The Commission's Preliminary Regulatory Impact Analysis was based
upon existing data on the costs of reasonable accommodation. The
Commission received few comments on this aspect of its rulemaking.
Because of the complexity inherent in assessing the economic costs
and benefits of this rule and the relative paucity of data on this
issue, the Commission will further study the economic impact of the
regulation and intends to issue a Final Regulatory Impact Analysis
prior to January 1, 1992. As indicated above, the Preliminary
Regulatory Impact Analysis was published on February 28, 1991 (56
F.R. 8578) for comment. The Commission will also provide a copy to
the public upon request by calling the Commission's Office of
Communications and Legislative Affairs at (202) 663-4900.
Commenters are urged to provide additional information as to the
costs and benefits associated with this rule. This will further
facilitate the development of a Final Regulatory Impact Analysis.
Comments must be received by September 26, 1991. Written comments
should be submitted to Frances M. Hart, Executive Officer,
Executive Secretariat, Equal Employment Opportunity Commission,
1801 "L" Street, NW, Washington, D.C. 20507.
As a convenience to commenters, the Executive Secretariat will
accept public comments transmitted by facsimile ("FAX") machine.
The telephone number of the FAX receiver is (202) 663-4114. (This
is not a toll-free number). Only public comments of six or fewer
pages will be accepted via FAX transmittal. This limitation is
necessary in order to assure access to the equipment. Comments
sent by FAX in excess of six pages will not be accepted. Receipt
of FAX transmittals will not be acknowledged, except that the
sender may request confirmation of receipt by calling the Executive
Secretariat Staff at (202) 663-4078. (This is not a toll-free
number).
Comments received will be available for public inspection in the
EEOC Library, room 6502, by appointment only, from 9 a.m. to 5
p.m., Monday through Friday except legal holidays from October 15,
1991, until the Final Regulatory Impact Analysis is published.
Persons who need assistance to review the comments will be provided
with appropriate aids such as readers or print magnifiers. To
schedule an appointment call (202) 663-4630 (voice), (202) 663-4630
(TDD).
List of Subjects in 29 CFR Part 1630
Equal employment opportunity, Handicapped, Individuals with
disabilities.
For the Commission,
Evan J. Kemp, Jr.
Chairman.
Accordingly, 29 CFR Chapter XIV is amended by adding part 1630 to
read as follows:
PART 1630 -- REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT
PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT
Sec.
1630.1 Purpose, applicability, and construction.
1630.2 Definitions.
1630.3 Exceptions to the definitions of "Disability" and
"Qualified Individual with a Disability."
1630.4 Discrimination prohibited.
1630.5 Limiting, segregating, and classifying.
1630.6 Contractual or other arrangements.
1630.7 Standards, criteria, or methods of administration.
1630.8 Relationship or association with an individual with a
disability.
1630.9 Not making reasonable accommodation.
1630.10 Qualification standards, tests, and other selection
criteria.
1630.11 Administration of tests.
1630.12 Retaliation and coercion.
1630.13 Prohibited medical examinations and inquiries.
1630.14 Medical examinations and inquiries specifically
permitted.
1630.15 Defenses.
1630.16 Specific activities permitted.
Appendix to part 1630 - Interpretive Guidance on Title I of the
Americans with Disabilities Act.
Authority: 42 U.S.C. 12116.
1630.1 Purpose, applicability, and construction.
(a) Purpose. The purpose of this part is to implement
title I of the Americans with Disabilities Act (42
U.S.C. 12101, et seq.) (ADA), requiring equal
employment opportunities for qualified individuals
with disabilities, and sections 3(2), 3(3), 501,
503, 506(e), 508, 510, and 511 of the ADA as those
sections pertain to the employment of qualified
individuals with disabilities.
(b) Applicability. This part applies to "covered
entities" as defined at section 1630.2(b).
(c) Construction. -- (1) In general. Except as
otherwise provided in this part, this part does not
apply a lesser standard than the standards applied
under title V of the Rehabilitation Act of 1973 (29
U.S.C. 790 - 794a), or the regulations issued by
Federal agencies pursuant to that title.
(2) Relationship to other laws. This part does
not invalidate or limit the remedies, rights, and
procedures of any Federal law or law of any State
or political subdivision of any State or
jurisdiction that provides greater or equal
protection for the rights of individuals with
disabilities than are afforded by this part.
1630.2 Definitions.
(a) Commission means the Equal Employment Opportunity
Commission established by Section 705 of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-4).
(b) Covered Entity means an employer, employment agency,
labor organization, or joint labor management
committee.
(c) Person, labor organization, employment agency,
commerce and industry affecting commerce shall have
the same meaning given those terms in Section 701
of the Civil Rights Act of 1964 (42 U.S.C. 2000e).
(d) State means each of the several States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Trust
Territory of the Pacific Islands, and the
Commonwealth of the Northern Mariana Islands.
(e) Employer. -- (1) In general. The term "employer"
means a person engaged in an industry affecting
commerce who has 15 or more employees for each
working day in each of 20 or more calendar weeks in
the current or preceding calendar year, and any
agent of such person, except that, from July 26,
1992 through July 25, 1994, an employer means a
person engaged in an industry affecting commerce
who has 25 or more employees for each working day
in each of 20 or more calendar weeks in the current
or preceding year and any agent of such person.