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.
Structure Indiana Code
Chapter 5. Employment Discrimination Against Disabled Persons
22-9-5-1. "Auxiliary AIDS and Services" Defined
22-9-5-3. "Commission" Defined
22-9-5-4. "Covered Entity" Defined
22-9-5-5. "Direct Threat" Defined
22-9-5-6. "Disability" and "Illegal Use of Drugs" Defined; Illegal Drug Users; Sexual Behavior
22-9-5-7. "Discriminate" Defined
22-9-5-9.5. "Service Animal" Defined
22-9-5-11. "Employment Agency" Defined
22-9-5-12. "Illegal Use of Drugs" Defined
22-9-5-13. "Industry Affecting Commerce" Defined
22-9-5-14. "Labor Organization" Defined
22-9-5-16. "Qualified Individual With a Disability" Defined
22-9-5-17. "Reasonable Accommodation" Defined
22-9-5-18. "Undue Hardship" Defined; Factors
22-9-5-19. Prohibition Against Discrimination
22-9-5-20. Medical Examinations and Inquiries; Permissibility and Scope; Disclosures; Use of Results
22-9-5-24. Alcohol and Illegal Use of Drugs; Prohibitions; Requisites; Testing
22-9-5-25. Posting Notices; Provisions of Chapter
22-9-5-26. Complaints Against Covered Entities; Remedies; Limitation
22-9-5-27. Rules Implementing Chapter; Conforming to Federal Rules