[Code of Federal Regulations]
[Title 29, Volume 4, Parts 900 to 1899]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1630.15]

[Page 347-348]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT--Table of Contents
 
Sec. 1630.15  Defenses.

    Defenses to an allegation of discrimination under this part may 
include, but are not limited to, the following:
    (a) Disparate treatment charges. It may be a defense to a charge of 
disparate treatment brought under Secs. 1630.4 through 1630.8 and 
1630.11 through 1630.12 that the challenged action is justified by a 
legitimate, nondiscriminatory reason.

[[Page 348]]

    (b) Charges of discriminatory application of selection criteria--(1) 
In general. It may be a defense to a charge of discrimination, as 
described in Sec. 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.
    (2) Direct threat as a qualification standard. The term 
``qualification standard'' may include a requirement that an individual 
shall not pose a direct threat to the health or safety of the individual 
or others in the workplace. (See Sec. 1630.2(r) defining direct threat.)
    (c) Other disparate impact charges. It may be a defense to a charge 
of discrimination brought under this part that a uniformly applied 
standard, criterion, or policy has a disparate impact on an individual 
with a disability or a class of individuals with disabilities that the 
challenged standard, criterion or policy 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.
    (d) Charges of not making reasonable accommodation. It may be a 
defense to a charge of discrimination, as described in Sec. 1630.9, that 
a requested or necessary accommodation would impose an undue hardship on 
the operation of the covered entity's business.
    (e) Conflict with other Federal laws. It may be a defense to a 
charge of discrimination under this part that a challenged action is 
required or necessitated by another Federal law or regulation, or that 
another Federal law or regulation prohibits an action (including the 
provision of a particular reasonable accommodation) that would otherwise 
be required by this part.
    (f) Additional defenses. It may be a defense to a charge of 
discrimination under this part that the alleged discriminatory action is 
specifically permitted by Sec. 1630.14 or Sec. 1630.16.