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1630.4 Discrimination prohibited.
It is unlawful for a covered entity to discriminate on
the basis of disability against a qualified individual
with a disability in regard to:
(a) Recruitment, advertising, and job application
procedures;
(b) Hiring, upgrading, promotion, award of tenure,
demotion, transfer, layoff, termination, right of
return from layoff, and rehiring;
(c) Rates of pay or any other form of compensation and
changes in compensation;
(d) Job assignments, job classifications,
organizational structures, position descriptions,
lines of progression, and seniority lists;
(e) Leaves of absence, sick leave, or any other leave;
(f) Fringe benefits available by virtue of employment,
whether or not administered by the covered entity;
(g) Selection and financial support for training,
including: apprenticeships, professional meetings,
conferences and other related activities, and
selection for leaves of absence to pursue training;
(h) Activities sponsored by a covered entity including
social and recreational programs; and
(i) Any other term, condition, or privilege of
employment.
The term "discrimination" includes, but is not limited to, the
acts described in sections 1630.5 through 1630.13 of this part.
1630.5 Limiting, segregating, and classifying.
It is unlawful for a covered entity to limit, segregate, or
classify a job applicant or employee in a way that adversely
affects his or her employment opportunities or status on the
basis of disability.
1630.6 Contractual or other arrangements.
(a) In general. It is unlawful for a covered entity to
participate in a contractual or other arrangement or relationship
that has the effect of subjecting the covered entity's own
qualified applicant or employee with a disability to the
discrimination prohibited by this part.
(b) Contractual or other arrangement defined. The phrase
"contractual or other arrangement or relationship" includes, but
is not limited to, a relationship with an employment or referral
agency; labor union, including collective bargaining agreements;
an organization providing fringe benefits to an employee of the
covered entity; or an organization providing training and
apprenticeship programs.
(c) Application. This section applies to a covered entity, with
respect to its own applicants or employees, whether the entity
offered the contract or initiated the relationship, or whether
the entity accepted the contract or acceded to the relationship.
A covered entity is not liable for the actions of the other party
or parties to the contract which only affect that other party's
employees or applicants.
1630.7 Standards, criteria, or methods of administration.
It is unlawful for a covered entity to use standards, criteria,
or methods of administration, which are not job-related and
consistent with business necessity, and:
(a) That have the effect of discriminating on the basis of
disability; or
(b) That perpetuate the discrimination of others who are subject
to common administrative control.
1630.8 Relationship or association with an individual with a
disability.
It is unlawful for a covered entity to exclude or deny equal jobs
or benefits to, or otherwise discriminate against, a qualified
individual because of the known disability of an individual with
whom the qualified individual is known to have a family,
business, social or other relationship or association.
1630.9 Not making reasonable accommodation.
(a) It is unlawful for a covered entity not to make reasonable
accommodation to the known physical or mental limitations of an
otherwise qualified applicant or employee with a disability,
unless such covered entity can demonstrate that the accommodation
would impose an undue hardship on the operation of its business.
(b) It is unlawful for a covered entity to deny employment
opportunities to an otherwise qualified job applicant or employee
with a disability based on the need of such covered entity to
make reasonable accommodation to such individual's physical or
mental impairments.
(c) A covered entity shall not be excused from the requirements
of this part because of any failure to receive technical
assistance authorized by section 506 of the ADA, including any
failure in the development or dissemination of any technical
assistance manual authorized by that Act.
(d) A qualified individual with a disability is not required to
accept an accommodation, aid, service, opportunity or benefit
which such qualified individual chooses not to accept. However,
if such individual rejects a reasonable accommodation, aid,
service, opportunity or benefit that is necessary to enable the
individual to perform the essential functions of the position
held or desired, and cannot, as a result of that rejection,
perform the essential functions of the position, the individual
will not be considered a qualified individual with a disability.
1630.10 Qualification standards, tests, and other selection
criteria.
It is unlawful for a covered entity to use qualification
standards, employment tests or other selection criteria that
screen out or tend to screen out an individual with a disability
or a class of individuals with disabilities, on the basis of
disability, unless the standard, test or other selection
criteria, as used by the covered entity, is shown to be
job-related for the position in question and is consistent with
business necessity.
1630.11 Administration of tests.
It is unlawful for a covered entity to fail to select and
administer tests concerning employment in the most effective
manner to ensure that, when a test is administered to a job
applicant or employee who has a disability that impairs sensory,
manual or speaking skills, the test results accurately reflect
the skills, aptitude, or whatever other factor of the applicant
or employee that the test purports to measure, rather than
reflecting the impaired sensory, manual, or speaking skills of
such employee or applicant (except where such skills are the
factors that the test purports to measure).
1630.12 Retaliation and coercion.
(a) Retaliation. It is unlawful to discriminate against any
individual because that individual has any act or practice made
unlawful by this part or because that individual made a charge,
testified, assisted, or participated in any manner in an
investigation, proceeding, or hearing to enforce any provision
contained in this part.
(b) Coercion, interference or intimidation. It is unlawful to
coerce, intimidate, threaten, harass or interfere with any
individual in the exercise or enjoyment of, or because that
individual aided or encouraged any other individual in the
exercise of, any right granted or protected by this part.
1630.13 Prohibited medical examinations and inquiries.
(a) Pre-employment examination or inquiry. Except as permitted
by section 1630.14, it is unlawful for a covered entity to
conduct a medical examination of an applicant or to make
inquiries as to whether an applicant is an individual with a
disability or as to the nature or severity of such disability.
(b) Examination or inquiry of employees. Except as permitted by
section 1630.14, it is unlawful for a covered entity to require a
medical examination of an employee or to make inquiries as to
whether an employee is an individual with a disability or as to
the nature or severity of such disability.
1630.14 Medical examinations and inquiries specifically
permitted.
(a) Acceptable pre-employment inquiry. A covered entity may
make pre-employment inquiries into the ability of an applicant to
perform job-related functions, and