1 2 3 15 (B) ACCEPTABLE INQUIRIES.-A covered entity may make inquiries into the ability of an employee to perform job-related functions. 4 SEC. 103. DEFENSES. 5 (a) IN GENERAL.-It may be a defense to a charge of 6 discrimination under this Act that an alleged application of 7 qualification standards, tests, or selection criteria that screen 8 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-relat10 ed and consistent with business necessity, and such 11 performance cannot be accomplished by reasonable 12 accommodation. 13 (b) QUALIFICATION STANDARDS.-The term "qualifi14 cation standards" may include a requirement that an individ15 ual with a currently contagious disease or infection shall not 16 pose a direct threat to the health or safety of other individ17 uals in the workplace. 18 19 (c) RELIGIOUS ENTITIES. (1) IN GENERAL.-This title shall not prohibit a 20 religious corporation, association, educational institu 22235 23 24 tion, 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. 08 933 PP 16 1 2 3 4 5 (2) QUALIFICATION STANDARD.-Under this title, a religious organization may require, as a qualification standard to employment, that all applicants and em ployees conform to the religious tenets of such organization. 6 SEC. 104. ILLEGAL DRUGS AND ALCOHOL. 7 (a) QUALIFIED INDIVIDUAL WITH A DISABILITY.— 8 For purposes of this title, the term "qualified individual with 9 a disability" shall not include any employee or applicant who 10 is a current user of illegal drugs, except that an individual 11 who is otherwise handicapped shall not be excluded from the 12 protections of this Act if such individual also uses or is also 13 addicted to drugs. 14 (b) AUTHORITY OF COVERED ENTITY.-A covered 15 entity (1) may prohibit the use of alcohol or illegal drugs at the workplace by all employees; (2) may require that employees shall not be under the influence of alcohol or illegal drugs at the workplace; (3) may require that employees behave in conformance with the requirements established under the Drug-Free Workplace of 1988 (41 U.S.C. 701 et seq.) and that transportation employees meet requirements 08 933 PP 10 11 12 13 14 15 16 17 17 established by the Secretary of Transportation with re spect to drugs and alcohol; and (4) may hold an employee who is a drug user or alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee. (c) DRUG TESTING. (1) IN GENERAL.-For purposes of this title, test to determine the use of illegal drugs shall not be considered a medical examination.. (2) CONSTRUCTION.-Nothing in this title shall be construed to encourage, prohibit, or authorize the conducting of drug testing of job applicants or employees or making employment decisions based on such test results. 18 SEC. 105. POSTING NOTICES. 19 Every employer, employment agency, labor organiza20 tion, or joint labor-management committee covered under 21 this title shall post notices in an accessible format to appli22 cants, employees, and members describing the applicable pro23 visions of this Act, in the manner prescribed by section 711 24 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10). S 933 PP-3 1 SEC. 106. REGULATIONS. 18 2 Not later than 1 year after the date of enactment of this 3 Act, the Commission shall issue regulations in an accessible 4 format to carry out this title in accordance with subchapter II 5 of chapter 5 of title 5, United States Code. 6 SEC. 107. ENFORCEMENT. 7 The remedies and procedures set forth in sections 706, 8 707, 709, and 710 of the Civil Rights Act of 1964 (42 9 U.S.C. 2000e-5, 2000e-6, 2000e-8, and 2000e-9) shall be 10 available, with respect to the Commission or any individual 11 who believes that he or she is being subjected to discrimina12 tion on the basis of disability in violation of any provisions of 13 this Act, or regulations promulgated under section 106, con14 cerning employment. 20 As used in this title, the term "qualified individual with 21 a disability" means an individual with a disability who, with 22 or without reasonable modifications to rules, policies, and 23 practices, the removal of architectural, communication, and 24 transportation barriers, or the provision of auxiliary aids and 25 services, meets the essential eligibility requirements for the 26 receipt of services or the participation in programs or activi 08 933 PP 19 1 ties provided by a department, agency, special purpose 2 district, or other instrumentality of a State or a local 3 government. 4 SEC. 202. DISCRIMINATION. 5 No qualified individual with a disability shall, by reason 6 of such disability, be excluded from the participation in, be 7 denied the benefits of, or be subjected to discrimination by a 8 department, agency, special purpose district, or other instru9 mentality of a State or a local government. 10 SEC. 203. ACTIONS APPLICABLE TO PUBLIC TRANSPORTATION 11 12 13 PROVIDED BY PUBLIC ENTITIES CONSIDERED DISCRIMINATORY. (a) DEFINITION.-As used in this title, the term "public 14 transportation" means transportation by bus or rail, or by 15 any other conveyance (other than air travel) that provides the 16 general public with general or special service (including char17 ter service) on a regular and continuing basis. 18 19 20 21 22 23 24 25 (b) VEHICLES. (1) NEW BUSES, RAIL VEHICLES, AND OTHER FIXED ROUTE VEHICLES.-It shall be considered discrimination for purposes of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for a public entity to purchase or lease a new fixed route bus of any size, a new intercity rail vehicle, a new commuter rail vehicle, a new rapid rail vehicle, a new light ●S 933 PP |