Title 23. Labor and Workers’ Compensation

Chapter 3-a. Prohibited Discrimination in Employment

Part III. Disability

23:324     Defenses

A. It may be a defense to a charge of discrimination under this Part 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 a person 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 Part.

B. The term “qualification standards” may include a requirement that an individual shall not pose a direct threat to the health or safety of himself or other individuals in the workplace.

Added by Acts 1997, No. 1409, § 1, eff. Aug. 1, 1997. Amended by Acts 2014, No. 811, § 12, eff. June 23, 2014.