{"id":"DUT-FED-031","kind":"duty","level":"federal","jurisdiction":"United States","state":"","metro":"","industry":"","agency":"","eco":"","issuer":"Congress (Americans with Disabilities Act § 103)","authority":"42 U.S.C. 12113(b)","instrument":"42 U.S.C. 12113 (ADA defenses; direct threat)","title":"Defenses","dateIssued":"1990-07-26","effective":"standing","end":"standing","startDate":"1990-07-26","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["covered employers under Title I of the ADA"],"clause":"(b) Qualification standards. The term \u0027qualification standards\u0027 may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.","enforcement":"not applicable (a defense)","functions":[],"notes":"Authorizes the employer to exclude an individual who poses a direct threat to the health or safety of others, the provision on which the EEOC\u0027s COVID-19 screening positions rest (Exs. AGY-FED-LABOR-IMMIGRATION-082; DUT-FED-030, -070, -071).","sourceUrl":"https://www.govinfo.gov/content/pkg/USCODE-2020-title42/pdf/USCODE-2020-title42-chap126-subchapI-sec12113.pdf","snapshot":"","fileExists":true,"fileBytes":153919,"grade":"primary","character":"statutory_framework","description":"","collection":"DUT-FED","url":"/library/DUT-FED-031","exhibitUrl":"/exhibit/DUT-FED-031","citation":"Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)","stateName":"","related":["AGY-FED-LABOR-IMMIGRATION-082","DUT-FED-030"]}