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Notes

29 C.F.R. §§ 1630.4–1630.13

10 sections in range

§1630.4. Discrimination prohibited.

29 C.F.R. § 1630.4

(a)
In general—
(1)
It is unlawful for a covered entity to discriminate on the basis of disability against a qualified individual in regard to:
(i)
Recruitment, advertising, and job application procedures;
(ii)
Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
(iii)
Rates of pay or any other form of compensation and changes in compensation;
(iv)
Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;
(v)
Leaves of absence, sick leave, or any other leave;
(vi)
Fringe benefits available by virtue of employment, whether or not administered by the covered entity;
(vii)
Selection and financial support for training, including— apprenticeships, professional meetings, conferences and other related activities, and selection for leaves of absence to pursue training;
(viii)
Activities sponsored by a covered entity, including social and recreational programs; and
(ix)
Any other term, condition, or privilege of employment.
(2)
The term discrimination includes, but is not limited to, the acts described in §§ 1630.4 through 1630.13 of this part.
(b)
Claims of no disability. Nothing in this part shall provide the basis for a claim that an individual without a disability was subject to discrimination because of his lack of disability, including a claim that an individual with a disability was granted an accommodation that was denied to an individual without a disability.
Notes, amendments, and revision history

Amendments

[76 FR 17002, Mar. 25, 2011]

Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

Amendments

[76 FR 17002, Mar. 25, 2011]

§1630.5. Limiting, segregating, and classifying.

29 C.F.R. § 1630.5

It is unlawful for a covered entity to limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

§1630.6. Contractual or other arrangements.

29 C.F.R. § 1630.6

(a)
In general. It is unlawful for a covered entity to participate in a contractual or other arrangement or relationship that has the effect of subjecting the covered entity's own qualified applicant or employee with a disability to the discrimination prohibited by this part.
(b)
Contractual or other arrangement defined. The phrase contractual or other arrangement or relationship includes, but is not limited to, a relationship with an employment or referral agency; labor union, including collective bargaining agreements; an organization providing fringe benefits to an employee of the covered entity; or an organization providing training and apprenticeship programs.
(c)
Application. This section applies to a covered entity, with respect to its own applicants or employees, whether the entity offered the contract or initiated the relationship, or whether the entity accepted the contract or acceded to the relationship. A covered entity is not liable for the actions of the other party or parties to the contract which only affect that other party's employees or applicants.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

§1630.7. Standards, criteria, or methods of administration.

29 C.F.R. § 1630.7

It is unlawful for a covered entity to use standards, criteria, or methods of administration, which are not job-related and consistent with business necessity, and:
(a)
That have the effect of discriminating on the basis of disability; or
(b)
That perpetuate the discrimination of others who are subject to common administrative control.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

§1630.8. Relationship or association with an individual with a disability.

29 C.F.R. § 1630.8

It is unlawful for a covered entity to exclude or deny equal jobs or benefits to, or otherwise discriminate against, a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a family, business, social or other relationship or association.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

§1630.9. Not making reasonable accommodation.

29 C.F.R. § 1630.9

(a)
It is unlawful for a covered entity not to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of its business.
(b)
It is unlawful for a covered entity to deny employment opportunities to an otherwise qualified job applicant or employee with a disability based on the need of such covered entity to make reasonable accommodation to such individual's physical or mental impairments.
(c)
A covered entity shall not be excused from the requirements of this part because of any failure to receive technical assistance authorized by section 507 of the ADA, including any failure in the development or dissemination of any technical assistance manual authorized by that Act.
(d)
An individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit which such qualified individual chooses not to accept. However, if such individual rejects a reasonable accommodation, aid, service, opportunity or benefit that is necessary to enable the individual to perform the essential functions of the position held or desired, and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered qualified.
(e)
A covered entity is required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability under the “actual disability” prong (§ 1630.2(g)(1)(i)), or “record of” prong (§ 1630.2(g)(1)(ii)), but is not required to provide a reasonable accommodation to an individual who meets the definition of disability solely under the “regarded as” prong (§ 1630.2(g)(1)(iii)).
Notes, amendments, and revision history

Amendments

[56 FR 35734, July 26, 1991, as amended at 76 FR 17002, Mar. 25, 2011]

Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

Amendments

[56 FR 35734, July 26, 1991, as amended at 76 FR 17002, Mar. 25, 2011]

§1630.10. Qualification standards, tests, and other selection criteria.

29 C.F.R. § 1630.10

(a)
In general. It is unlawful for a covered entity to use qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities, on the basis of disability, unless the standard, test, or other selection criteria, as used by the covered entity, is shown to be job related for the position in question and is consistent with business necessity.
(b)
Qualification standards and tests related to uncorrected vision. Notwithstanding § 1630.2(j)(1)(vi) of this part, a covered entity shall not use qualification standards, employment tests, or other selection criteria based on an individual's uncorrected vision unless the standard, test, or other selection criterion, as used by the covered entity, is shown to be job related for the position in question and is consistent with business necessity. An individual challenging a covered entity's application of a qualification standard, test, or other criterion based on uncorrected vision need not be a person with a disability, but must be adversely affected by the application of the standard, test, or other criterion.
Notes, amendments, and revision history

Amendments

[76 FR 17002, Mar. 25, 2011]

Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

Amendments

[76 FR 17002, Mar. 25, 2011]

§1630.11. Administration of tests.

29 C.F.R. § 1630.11

It is unlawful for a covered entity to fail to select and administer tests concerning employment in the most effective manner to ensure that, when a test is administered to a job applicant or employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills, aptitude, or whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

§1630.12. Retaliation and coercion.

29 C.F.R. § 1630.12

(a)
Retaliation. It is unlawful to discriminate against any individual because that individual has opposed any act or practice made unlawful by this part or because that individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce any provision contained in this part.
(b)
Coercion, interference or intimidation. It is unlawful to coerce, intimidate, threaten, harass or interfere with any individual in the exercise or enjoyment of, or because that individual aided or encouraged any other individual in the exercise of, any right granted or protected by this part.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

§1630.13. Prohibited medical examinations and inquiries.

29 C.F.R. § 1630.13

(a)
Pre-employment examination or inquiry. Except as permitted by § 1630.14, it is unlawful for a covered entity to conduct a medical examination of an applicant or to make inquiries as to whether an applicant is an individual with a disability or as to the nature or severity of such disability.
(b)
Examination or inquiry of employees. Except as permitted by § 1630.14, it is unlawful for a covered entity to require a medical examination of an employee or to make inquiries as to whether an employee is an individual with a disability or as to the nature or severity of such disability.
Notes, amendments, and revision history

Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.