42 USC 12111 - Definitions

U.S Code last checked for updates: Nov 22, 2024

§ 12111.

Definitions

As used in this subchapter:

(1)

Commission

(2)

Covered entity

(3)

Direct threat

(4)

Employee

(5)

Employer

(A)

In general

(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

(B)

Drugs

(7)

Person, etc.

(8)

Qualified individual

(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

(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, § 101, July 26, 1990, 104 Stat. 330; Pub. L. 102–166, title I, § 109(a), Nov. 21, 1991, 105 Stat. 1077; Pub. L. 110–325, § 5(c)(1), Sept. 25, 2008, 122 Stat. 3557.)

cite as: 42 USC 12111