Indiana Code 22-9-5-21. Qualification standards, tests, or criteria; defense to discrimination charges; direct threat to health and safety
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Sec. 21. (a) It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screen 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 related and consistent with business necessity, and performance cannot be accomplished by reasonable accommodation, as required under this chapter.
(b) As used in subsection (a), 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.
As added by P.L.111-1992, SEC.4.
Terms Used In Indiana Code 22-9-5-21
- direct threat: means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. See Indiana Code 22-9-5-5
- disability: means with respect to an individual:
Indiana Code 22-9-5-6
- reasonable accommodation: includes the following:
Indiana Code 22-9-5-17