Sec. 21. (a) 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 performance cannot be accomplished by reasonable accommodation, as required under this chapter.

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Terms Used In Indiana Code 22-9-5-21

  • direct threat: means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. See Indiana Code 22-9-5-5
  • disability: means with respect to an individual:

    Indiana Code 22-9-5-6

  • reasonable accommodation: includes the following:

    Indiana Code 22-9-5-17

     (b) As used in subsection (a), 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.

As added by P.L.111-1992, SEC.4.

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