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10 (a) GENERAL RULE.—No covered entity shall discrimi11 nate against a qualified individual with a disability because of 12 the disability of such individual in regard to job application 13 procedures, the hiring or discharge of employees, employee 14 compensation, advancement, job training, and other terms, 15 conditions, and privileges of employment. 16 (b) CONSTRUCTION.—As used in subsection (a), the

17 term “discrimination" includes

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(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;

(2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a qualified applicant or employee with a disability to the discrimination prohibited by this title (such relationship

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3 983 PP

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includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship pro

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grams);

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(3) utilizing standards, criteria, or methods of

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(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;

(5) not making reasonable accommodations to the known physical or mental limitations of a qualified individual who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation

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of the business of such covered entity;

(6) denying employment opportunities to a job ap

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plicant or employee who is a qualified individual with a disability, if such denial is based on the need of such

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covered entity to make reasonable sccommodation to the physical or mental impairments of the employee or

applicant;

(7) using employment tests or other selection cri

teria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the 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; and

(8) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such 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). (c) MEDICAL EXAMINATIONS AND INQUIRIES.

(1) IN GENERAL.—The prohibition against discrimination as referred to in subsection (a) shall include medical examinations and inquiries.

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QUIBY.—Except as provided in paragraph (3), a covered entity shall not conduct a medical examination or make inquiries of a job applicant or employee as to whether such applicant or employee is an individual with a disability or as to the nature or severity of such disability.

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entity may make preemployment inquiries into the ability of an applicant to perform job-related func

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tions.

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(3) EMPLOYMENT ENTRANCE EXAMINATION.—A

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covered entity may require a medical examination after

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an offer of employment 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,

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(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 sepa

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rate medical files and is treated as a confidential

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medical record, except that

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(i) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;

(ü) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and

(üi) government officials investigating compliance with this Act shall be provided

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relevant information on request; and

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QUTRIES.-A covered entity shall not conduct or

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require a medical examination and shall not make

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inquiries of an employee as to whether such em

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ployee 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 jobrelated and consistent with business necessity.

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S 933 PP

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