Employment ADA: Qualification Standards

Statutes
Regulations
Case Law

Statutes:

42 U.S.C. § 12112(b) - Construction

As used in subsection (a) of this section, the term discriminate includes

(6) using 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 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;

42 U.S.C. § 12113 - Defenses

a) In general - 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 such performance cannot be accomplished by reasonable accommodation, as required under this subchapter.

(b) Qualification standards - The term 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.

Regulations:

29 C.F.R. § 1630.10 - Qualification standards, tests, and other selection criteria

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.

29 C.F.R. § 1630.15(b)(1) - Defenses - Charges of discriminatory application of selection criteria - In general

It may be a defense to a charge of discrimination, as described in section 1630.10, that an alleged application of qualification standards, tests, or selection criteria that screens out or tends to screen out or otherwise denies a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished with reasonable accommodation, as required in this part.

29 C.F.R. § 1630.2(q) - Definitions

Qualification standards means the personal and professional attributes including the skill, experience, education, physical, medical, safety and other requirements established by a covered entity as requirements which an individual must meet in order to be eligible for the position held or desired.

Case Law:

EEOC v. Wal-Mart settlement (Case No. S-99-0414-GEB DAD)

The EEOC and Wal-Mart reached a $6.8 million settlement. Between 1994 and 1998, Wal-Mart asked job applicants for disability-related information through a questionnaire before making conditional offers of employment, a violation of the federal disability law.