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Ex. DUT-FED-033 Standing duty Primary source read

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation) · United States (Federal)

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The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
42 U.S.C. 12113; 29 C.F.R. 1630.15(b)(2)
Issued
1991-07-26 July 26, 1991
Effective
standing (read as 1991-07-26)
End
standing (read as 2021-09-30)
In force
Standing since July 26, 1991 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • covered employers
Character
regulatory framework
Collection
Standing duties: Federal layer DUT-FED

Operative words

(b)(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.

Penalty

not applicable

What it required

Confirms that excluding an individual who poses a direct threat is a lawful qualification standard, the regulatory basis for excluding symptomatic or infected employees during the pandemic.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.