[Code of Federal Regulations]
[Title 29, Volume 4, Parts 900 to 1899]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1630.15]
[Page 347-348]
TITLE 29--LABOR
COMMISSION
PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT--Table of Contents
Sec. 1630.15 Defenses.
Defenses to an allegation of discrimination under this part may
include, but are not limited to, the following:
(a) Disparate treatment charges. It may be a defense to a charge of
disparate treatment brought under Secs. 1630.4 through 1630.8 and
1630.11 through 1630.12 that the challenged action is justified by a
legitimate, nondiscriminatory reason.
[[Page 348]]
(b) Charges of discriminatory application of selection criteria--(1)
In general. It may be a defense to a charge of discrimination, as
described in Sec. 1630.10, that an alleged application of qualification
standards, tests, or selection criteria that screens out or tends to
screen out or otherwise denies a job or benefit to an individual with a
disability has been shown to be job-related and consistent with business
necessity, and such performance cannot be accomplished with reasonable
accommodation, as required in this part.
(2) Direct threat as a qualification standard. The term
``qualification standard'' may include a requirement that an individual
shall not pose a direct threat to the health or safety of the individual
or others in the workplace. (See Sec. 1630.2(r) defining direct threat.)
(c) Other disparate impact charges. It may be a defense to a charge
of discrimination brought under this part that a uniformly applied
standard, criterion, or policy has a disparate impact on an individual
with a disability or a class of individuals with disabilities that the
challenged standard, criterion or policy has been shown to be job-
related and consistent with business necessity, and such performance
cannot be accomplished with reasonable accommodation, as required in
this part.
(d) Charges of not making reasonable accommodation. It may be a
defense to a charge of discrimination, as described in Sec. 1630.9, that
a requested or necessary accommodation would impose an undue hardship on
the operation of the covered entity's business.
(e) Conflict with other Federal laws. It may be a defense to a
charge of discrimination under this part that a challenged action is
required or necessitated by another Federal law or regulation, or that
another Federal law or regulation prohibits an action (including the
provision of a particular reasonable accommodation) that would otherwise
be required by this part.
(f) Additional defenses. It may be a defense to a charge of
discrimination under this part that the alleged discriminatory action is
specifically permitted by Sec. 1630.14 or Sec. 1630.16.
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