§ 22-9-5-21 — Qualification standards, tests, or criteria; defense to discrimination charges; direct threat to health and safety

(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.

Legislative History

As added by P.L.111-1992, SEC.4.