US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 42USC12111]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 126--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITIES
 
                        SUBCHAPTER I--EMPLOYMENT
 
Sec. 12111. Definitions

    As used in this subchapter:

                           (1) Commission

        The term ``Commission'' means the Equal Employment Opportunity 
    Commission established by section 2000e-4 of this title.

                         (2) Covered entity

        The term ``covered entity'' means an employer, employment 
    agency, labor organization, or joint labor-management committee.

                          (3) Direct threat

        The term ``direct threat'' means a significant risk to the 
    health or safety of others that cannot be eliminated by reasonable 
    accommodation.

                            (4) Employee

        The term ``employee'' means an individual employed by an 
    employer. With respect to employment in a foreign country, such term 
    includes an individual who is a citizen of the United States.

                            (5) Employer

        (A) In general

            The term ``employer'' means a person engaged in an industry 
        affecting commerce who has 15 or more employees for each working 
        day in each of 20 or more calendar weeks in the current or 
        preceding calendar year, and any agent of such person, except 
        that, for two years following the effective date of this 
        subchapter, an employer means a person engaged in an industry 
        affecting commerce who has 25 or more employees for each working 
        day in each of 20 or more calendar weeks in the current or 
        preceding year, and any agent of such person.

        (B) Exceptions

            The term ``employer'' does not include--
                (i) the United States, a corporation wholly owned by the 
            government of the United States, or an Indian tribe; or
                (ii) a bona fide private membership club (other than a 
            labor organization) that is exempt from taxation under 
            section 501(c) of title 26.

                      (6) Illegal use of drugs

        (A) In general

            The term ``illegal use of drugs'' means the use of drugs, 
        the possession or distribution of which is unlawful under the 
        Controlled Substances Act [21 U.S.C. 801 et seq.]. Such term 
        does not include the use of a drug taken under supervision by a 
        licensed health care professional, or other uses authorized by 
        the Controlled Substances Act or other provisions of Federal 
        law.

        (B) Drugs

            The term ``drug'' means a controlled substance, as defined 
        in schedules I through V of section 202 of the Controlled 
        Substances Act [21 U.S.C. 812].

                          (7) Person, etc.

        The terms ``person'', ``labor organization'', ``employment 
    agency'', ``commerce'', and ``industry affecting commerce'', shall 
    have the same meaning given such terms in section 2000e of this 
    title.

             (8) Qualified individual with a disability

        The term ``qualified individual with a disability'' means an 
    individual with a disability who, with or without reasonable 
    accommodation, can perform the essential functions of the employment 
    position that such individual holds or desires. For the purposes of 
    this subchapter, consideration shall be given to the employer's 
    judgment as to what functions of a job are essential, and if an 
    employer has prepared a written description before advertising or 
    interviewing applicants for the job, this description shall be 
    considered evidence of the essential functions of the job.

                    (9) Reasonable accommodation

        The term ``reasonable accommodation'' may include--
            (A) making existing facilities used by employees readily 
        accessible to and usable by individuals with disabilities; and
            (B) job restructuring, part-time or modified work schedules, 
        reassignment to a vacant position, acquisition or modification 
        of equipment or devices, appropriate adjustment or modifications 
        of examinations, training materials or policies, the provision 
        of qualified readers or interpreters, and other similar 
        accommodations for individuals with disabilities.

                         (10) Undue hardship

        (A) In general

            The term ``undue hardship'' means an action requiring 
        significant difficulty or expense, when considered in light of 
        the factors set forth in subparagraph (B).

        (B) Factors to be considered

            In determining whether an accommodation would impose an 
        undue hardship on a covered entity, factors to be considered 
        include--
                (i) the nature and cost of the accommodation needed 
            under this chapter;
                (ii) the overall financial resources of the facility or 
            facilities involved in the provision of the reasonable 
            accommodation; the number of persons employed at such 
            facility; the effect on expenses and resources, or the 
            impact otherwise of such accommodation upon the operation of 
            the facility;
                (iii) the overall financial resources of the covered 
            entity; the overall size of the business of a covered entity 
            with respect to the number of its employees; the number, 
            type, and location of its facilities; and
                (iv) the type of operation or operations of the covered 
            entity, including the composition, structure, and functions 
            of the workforce of such entity; the geographic 
            separateness, administrative, or fiscal relationship of the 
            facility or facilities in question to the covered entity.

(Pub. L. 101-336, title I, Sec. 101, July 26, 1990, 104 Stat. 330; Pub. 
L. 102-166, title I, Sec. 109(a), Nov. 21, 1991, 105 Stat. 1077.)

                       References in Text

    The effective date of this subchapter, referred to in par. (5)(A), 
is 24 months after July 26, 1990, see section 108 of Pub. L. 101-336, 
set out as an Effective Date note below.
    The Controlled Substances Act, referred to in par. (6)(A), is title 
II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is 
classified principally to subchapter I (Sec. 801 et seq.) of chapter 13 
of Title 21, Food and Drugs. For complete classification of this Act to 
the Code, see Short Title note set out under section 801 of Title 21 and 
Tables.
    This chapter, referred to in par. (10)(B)(i), was in the original 
``this Act'', meaning Pub. L. 101-336, July 26, 1990, 104 Stat. 327, 
which is classified principally to this chapter. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 12101 of this title and Tables.


                               Amendments

    1991--Par. (4). Pub. L. 102-166 inserted at end ``With respect to 
employment in a foreign country, such term includes an individual who is 
a citizen of the United States.''


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-166 inapplicable to conduct occurring 
before Nov. 21, 1991, see section 109(c) of Pub. L. 102-166, set out as 
a note under section 2000e of this title.


                             Effective Date

    Section 108 of title I of Pub. L. 101-336 provided that: ``This 
title [enacting this subchapter] shall become effective 24 months after 
the date of enactment [July 26, 1990].''

                  Section Referred to in Other Sections

    This section is referred to in sections 5057, 12581, 12594, 12635 of 
this title.