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Ex. DUT-FED-031 Standing duty Primary source read

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103) · United States (Federal)

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The record

Jurisdiction
United States
Level
Federal
Authority
42 U.S.C. 12113(b)
Issued
1990-07-26 July 26, 1990
Effective
standing (read as 1990-07-26)
End
standing (read as 2021-09-30)
In force
Standing since July 26, 1990 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • covered employers under Title I of the ADA
Character
statutory framework
Collection
Standing duties: Federal layer DUT-FED

Operative words

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Penalty

not applicable (a defense)

What it required

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's COVID-19 screening positions rest (Exs. AGY-FED-LABOR-IMMIGRATION-082; DUT-FED-030, -070, -071).