---
kind: "section"
citation: "42 U.S.C. § 12112"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12112"
heading: "Discrimination"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12112"
units:
  - "Chapter 126 — Equal Opportunity for Individuals with Disabilities"
  - "Subchapter I — Employment"
---

# §12112. Discrimination

- (a) **General rule—** No [covered entity](/usc/42/12111.md?p=2) shall discriminate against a [qualified individual](/usc/42/12111.md?p=8) on the basis of [disability](/usc/42/12102.md?p=1) in regard to job application procedures, the hiring, advancement, or discharge of [employees](/usc/42/12111.md?p=4), [employee](/usc/42/12111.md?p=4) compensation, job training, and other terms, conditions, and privileges of employment.
- (b) **Construction—** As used in [subsection (a)](#a), the term “discriminate against a [qualified individual](/usc/42/12111.md?p=8) on the basis of [disability](/usc/42/12102.md?p=1)” includes—
  - (1) limiting, segregating, or classifying a job applicant or [employee](/usc/42/12111.md?p=4) in a way that adversely affects the opportunities or status of such applicant or [employee](/usc/42/12111.md?p=4) because of the [disability](/usc/42/12102.md?p=1) of such applicant or [employee](/usc/42/12111.md?p=4);
  - (2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a [covered entity](/usc/42/12111.md?p=2)’s qualified applicant or [employee](/usc/42/12111.md?p=4) with a [disability](/usc/42/12102.md?p=1) to the discrimination prohibited by this subchapter (such relationship includes a relationship with an employment or referral [agency](/usc/42/8262.md?p=1), labor union, an organization providing fringe benefits to an [employee](/usc/42/12111.md?p=4) of the [covered entity](/usc/42/12111.md?p=2), or an organization providing training and apprenticeship programs);
  - (3) utilizing standards, criteria, or methods of administration—
    - (A) that have the effect of discrimination on the basis of [disability](/usc/42/12102.md?p=1); or
    - (B) that perpetuate the discrimination of others who are subject to common administrative control;
  - (4) excluding or otherwise denying equal jobs or benefits to a [qualified individual](/usc/42/12111.md?p=8) because of the known [disability](/usc/42/12102.md?p=1) of an individual with whom the [qualified individual](/usc/42/12111.md?p=8) is known to have a relationship or association;
  - (5)
    - (A) not making [reasonable accommodations](/usc/42/12111.md?p=9) to the known physical or mental limitations of an otherwise [qualified individual](/usc/42/12111.md?p=8) with a [disability](/usc/42/12102.md?p=1) who is an applicant or [employee](/usc/42/12111.md?p=4), unless such [covered entity](/usc/42/12111.md?p=2) can demonstrate that the accommodation would impose an [undue hardship](/usc/42/12111.md?p=10-A) on the operation of the business of such [covered entity](/usc/42/12111.md?p=2); or
    - (B) denying employment opportunities to a job applicant or [employee](/usc/42/12111.md?p=4) who is an otherwise [qualified individual](/usc/42/12111.md?p=8) with a [disability](/usc/42/12102.md?p=1), if such denial is based on the need of such [covered entity](/usc/42/12111.md?p=2) to make [reasonable accommodation](/usc/42/12111.md?p=9) to the physical or mental impairments of the [employee](/usc/42/12111.md?p=4) or applicant;
  - (6) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a [disability](/usc/42/12102.md?p=1) or a class of individuals with [disabilities](/usc/42/12102.md?p=1) unless the standard, test or other selection criteria, as used by the [covered entity](/usc/42/12111.md?p=2), is shown to be job-related for the position in question and is consistent with business necessity; and
  - (7) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or [employee](/usc/42/12111.md?p=4) who has a [disability](/usc/42/12102.md?p=1) that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or [employee](/usc/42/12111.md?p=4) that such test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such [employee](/usc/42/12111.md?p=4) or applicant (except where such skills are the factors that the test purports to measure).
- (c) **Covered entities in foreign countries—**
  - (1) **In general—** It shall not be unlawful under this section for a [covered entity](/usc/42/12111.md?p=2) to take any action that constitutes discrimination under this section with respect to an [employee](/usc/42/12111.md?p=4) in a workplace in a foreign country if compliance with this section would cause such [covered entity](/usc/42/12111.md?p=2) to violate the law of the foreign country in which such workplace is located.
  - (2) **Control of corporation—**
    - (A) **Presumption—** If an [employer](/usc/42/12111.md?p=5-A) controls a [corporation](/usc/42/2297h.md?p=2) whose place of incorporation is a foreign country, any practice that constitutes discrimination under this section and is engaged in by such [corporation](/usc/42/2297h.md?p=2) shall be presumed to be engaged in by such [employer](/usc/42/12111.md?p=5-A).
    - (B) **Exception—** This section shall not apply with respect to the foreign operations of an [employer](/usc/42/12111.md?p=5-A) that is a foreign [person](/usc/42/12111.md?p=7) not controlled by an American [employer](/usc/42/12111.md?p=5-A).
    - (C) **Determination—** For purposes of this paragraph, the determination of whether an [employer](/usc/42/12111.md?p=5-A) controls a [corporation](/usc/42/2297h.md?p=2) shall be based on—
      - (i) the interrelation of operations;
      - (ii) the common management;
      - (iii) the centralized control of labor relations; and
      - (iv) the common ownership or financial control,

      of the [employer](/usc/42/12111.md?p=5-A) and the [corporation](/usc/42/2297h.md?p=2).

- (d) **Medical examinations and inquiries—**
  - (1) **In general—** The prohibition against discrimination as referred to in [subsection (a)](#a) shall include medical examinations and inquiries.
  - (2) **Preemployment—**
    - (A) **Prohibited examination or inquiry—** Except as provided in [paragraph (3)](#d-3), a [covered entity](/usc/42/12111.md?p=2) shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a [disability](/usc/42/12102.md?p=1) or as to the nature or severity of such [disability](/usc/42/12102.md?p=1).
    - (B) **Acceptable inquiry—** A [covered entity](/usc/42/12111.md?p=2) may make preemployment inquiries into the ability of an applicant to perform job-related functions.
  - (3) **Employment entrance examination—** A [covered entity](/usc/42/12111.md?p=2) may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if—
    - (A) all entering [employees](/usc/42/12111.md?p=4) are subjected to such an examination regardless of [disability](/usc/42/12102.md?p=1);
    - (B) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that—
      - (i) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the [employee](/usc/42/12111.md?p=4) and necessary accommodations;
      - (ii) first aid and safety personnel may be informed, when appropriate, if the [disability](/usc/42/12102.md?p=1) might require emergency [treatment](/usc/42/11851.md?p=11); and
      - (iii) government officials investigating compliance with this chapter shall be provided relevant information on request; and
    - (C) the results of such examination are used only in accordance with this subchapter.
  - (4) **Examination and inquiry—**
    - (A) **Prohibited examinations and inquiries—** A [covered entity](/usc/42/12111.md?p=2) shall not require a medical examination and shall not make inquiries of an [employee](/usc/42/12111.md?p=4) as to whether such [employee](/usc/42/12111.md?p=4) is an individual with a [disability](/usc/42/12102.md?p=1) or as to the nature or severity of the [disability](/usc/42/12102.md?p=1), unless such examination or inquiry is shown to be job-related and consistent with business necessity.
    - (B) **Acceptable examinations and inquiries—** A [covered entity](/usc/42/12111.md?p=2) may conduct voluntary medical examinations, including voluntary medical histories, which are part of an [employee](/usc/42/12111.md?p=4) health program available to [employees](/usc/42/12111.md?p=4) at that work site. A [covered entity](/usc/42/12111.md?p=2) may make inquiries into the ability of an [employee](/usc/42/12111.md?p=4) to perform job-related functions.
    - (C) **Requirement—** Information obtained under [subparagraph (B)](#d-4-B) regarding the medical condition or history of any [employee](/usc/42/12111.md?p=4) are subject to the requirements of subparagraphs [(B)](#d-3-B) and [(C)](#d-3-C) of paragraph (3).

## Source credit

(Pub. L. 101–336, title I, § 102, July 26, 1990, 104 Stat. 331; Pub. L. 102–166, title I, § 109(b)(2), Nov. 21, 1991, 105 Stat. 1077; Pub. L. 110–325, § 5(a), Sept. 25, 2008, 122 Stat. 3557.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (d)(3)(B)(iii), 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.

### Constitutionality

For the constitutionality of certain provisions of this subchapter, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution.congress.gov.

### Amendments

2008—Subsec. (a). Pub. L. 110–325, § 5(a)(1), substituted “on the basis of disability” for “with a disability because of the disability of such individual”.

Subsec. (b). Pub. L. 110–325, § 5(a)(2), substituted “discriminate against a qualified individual on the basis of disability” for “discriminate” in introductory provisions.

1991—Subsecs. (c), (d). Pub. L. 102–166 added subsec. (c) and redesignated former subsec. (c) as (d).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment by Pub. L. 110–325 effective Jan. 1, 2009, see section 8 of Pub. L. 110–325, set out as a note under section 705 of Title 29, Labor.

### 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 effective 24 months after July 26, 1990, see section 108 of Pub. L. 101–336, set out as a note under section 12111 of this title.