The COVID Project
The record
- Jurisdiction
- United States
- Level
- Federal
- Authority
- 42 U.S.C. 12113(b)
- Issued
- 1990-07-26 July 26, 1990
- Effective
- standing (read as 1990-07-26)
- End
- standing (read as 2021-09-30)
- In force
- Standing since July 26, 1990 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesStanding duty
- Addressees
- covered employers under Title I of the ADA
- Character
- statutory framework
- Collection
- Standing duties: Federal layer DUT-FED
Operative words
(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.
Penalty
not applicable (a defense)
What it required
Authorizes the employer to exclude an individual who poses a direct threat to the health or safety of others, the provision on which the EEOC's COVID-19 screening positions rest (Exs. AGY-FED-LABOR-IMMIGRATION-082; DUT-FED-030, -070, -071).