From: Julie Dawson 
Subject: Equality of Opportunity -- HISTORY.TXT  (fwd)
would impose an undue hardship on the operation of the business
of such covered entity; or
     (B) denying employment opportunities to a job applicant or
employee who is an otherwise qualified individual with a
disability, if such denial is based on the need of such covered
entity to make reasonable accommodation to the physical or mental
impairments of the employee or applicant;
     (6) using qualification standards, employment tests or other
selection criteria that screen out or tend to screen out an
individual with a disability or a class of individuals with
disabili ties unless the standard, test or other selection
criteria, as used by the covered entity, is shown to be
job-related for the position in question and is consistent with
business necessity; and
     (7) failing to select and administer tests concerning
employment in the most effective manner to ensure that, when such
test is administered to a job applicant or employee who has a
disability that impairs sensory, manual, or speaking skills, such
test results accurately reflect the skills, aptitude, or whatever
other factor of such applicant or employee that such test
purports to measure, rather than reflecting the impaired sensory,
manual, or speaking skills of such employee or applicant (except
where such skills are the factors that the test purports to
measure).
     (c) Medical Examinations and Inquiries. 
     (1) In general. The prohibition against discrimination as
referred to in subsection (a) shall include medical examinations
and inquiries.
     (2) Preemployment. 
     (A) Prohibited examination or inquiry. Except as provided in
paragraph (3), a covered entity shall not conduct a medical
examination or make inquiries of a job applicant as to whether
such applicant is an individual with a disability or as to the
nature or severity of such disability.
     (B) Acceptable inquiry. A covered entity may make
preemployment inquiries into the ability of an applicant to
perform job-related functions.
     (3) Employment entrance examination. A covered entity may
require a medical examina tion after an offer of employment has
been made to a job applicant and prior to the com mencement of
the employment duties of such applicant, and may condition an
offer of employment on the results of such examination, if 
     (A) all entering employees are subjected to such an
examination regardless of disabil ity;
     (B) information obtained regarding the medical condition or
history of the applicant is collected and maintained on separate
forms and in separate medical files and is treated as a
confidential medical record, except that 
     (i) supervisors and managers may be informed regarding
necessary restrictions on the work or duties of the employee and
necessary accommodations;
     (ii) first aid and safety personnel may be informed, when
appropriate, if the disability might require emergency treatment;
and
     (iii) government officials investigating compliance with
this Act shall be provided relevant information on request; and
     (C) the results of such examination are used only in
accordance with this title.
     (4) Examination and inquiry. 
     (A) Prohibited examinations and inquiries. A covered entity
shall not require a medical examination and shall not make
inquiries of an employee as to whether such employee is an
individual with a disability or as to the nature or severity of
the disability, unless such examination or inquiry is shown to be
job-related and consistent with business necessity.
     (B) Acceptable examinations and inquiries. A covered entity
may conduct voluntary medical examinations, including voluntary
medical histories, which are part of an employee health program
available to employees at that work site. A covered entity may
make inquiries into the ability of an employee to perform
job-related functions.
     (C) Requirement. Information obtained under subparagraph (B)
regarding the medical condition or history of any employee are
subject to the requirements of subparagraphs (B) and (C) of
paragraph (3).
SEC. 103. DEFENSES.
     (a) In General. It may be a defense to a charge of
discrimination under this Act 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 such performance
cannot be accom plished by reasonable accommodation, as required
under this title.
     (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.
     (c) Religious Entities. 
     (1) In general. This title shall not prohibit a religious
corporation, association, educa tional institution, or society
from giving preference in employment to individuals of a
particular religion to perform work connected with the carrying
on by such corporation, association, educational institution, or
society of its activities.
     (2) Religious tenets requirement. Under this title, a
religious organization may require that all applicants and
employees conform to the religious tenets of such organization.
     (d) List of Infectious and Communicable Diseases. 
     (1) In general. The Secretary of Health and Human Services,
not later than 6 months after the date of enactment of this Act,
shall 
     (A) review all infectious and communicable diseases which
may be transmitted through handling the food supply;
     (B) publish a list of infectious and communicable diseases
which are transmitted through handling the food supply;
     (C) publish the methods by which such diseases are
transmitted; and
     (D) widely disseminate such information regarding the list
of diseases and their modes of transmissibility to the general
public.
     Such list shall be updated annually.
     (2) Applications. In any case in which an individual has an
infectious or communicable disease that is transmitted to others
through the handling of food, that is included on the list
developed by the Secretary of Health and Human Services under
paragraph (1), and which cannot be eliminated by reasonable
accommodation, a covered entity may refuse to assign or continue
to assign such individual to a job involving food handling.
     (3) Construction. Nothing in this Act shall be construed to
preempt, modify, or amend any State, county, or local law,
ordinance, or regulation applicable to food handling which is
designed to protect the public health from individuals who pose a
significant risk to the health or safety of others, which cannot
be eliminated by reasonable accommodation, pursuant to the list
of infectious or communicable diseases and the modes of
transmissibility published by the Secretary of Health and Human
Services.
SEC. 104. ILLEGAL USE OF DRUGS AND ALCOHOL.
     (a) Qualified Individual With a Disability. For purposes of
this title, the term  qualified individual with a disability 
shall not include any employee or applicant who is currently
engaging in the illegal use of drugs, when the covered entity
acts on the basis of such use.
     (b) Rules of Construction. Nothing in subsection (a) shall
be construed to exclude as a qualified individual with a
disability an individual who 
     (1) has successfully completed a supervised drug
rehabilitation program and is no longer engaging in the illegal
use of drugs, or has otherwise been rehabilitated successfully
and is no longer engaging in such use;
     (2) is participating in a supervised rehabilitation program
and is no longer engaging in such use; or
     (3) is erroneously regarded as engaging in such use, but is
not engaging in such use; except that it shall not be a violation
of this Act for a covered entity to adopt or administer
reasonable policies or procedures, including but not limited to
drug testing, designed to ensure that an individual described in
paragraph (1) or (2) is no longer engaging in the illegal use of
drugs.
     (c) Authority of Covered Entity. A covered entity 
     (1) may prohibit the illegal use of drugs and the use of
alcohol at the workplace by all employees;
     (2) may require that employees shall not be under the
influence of alcohol or be engaging in the illegal use of drugs
at the workplace;
     (3) may require that employees behave in conformance with
the requirements established under the Drug-Free Workplace Act of
1988 (41 U.S.C. 701 et seq.);
     (4) may hold an employee who engages in the illegal use of
drugs or who is an alcoholic to the same qualification standards
for employment or job performance and behavior that such entity
holds other employees, even if any unsatisfactory performance or
behavior is related to the drug use or alcoholism of such
employee; and
     (5) may, with respect to Federal regulations regarding
alcohol and the illegal use of drugs, require that 
     (A) employees comply with the standards established in such
regulations of the Department of Defense, if the employees of the
covered entity are employed in an industry subject to such
regulations, including complying with regulations (if any) that
apply to employment in sensitive positions in such an industry,
in the case of employees of the covered entity who are employed
in such positions (as defined in the regulations of the
Department of Defense);
     (B) employees comply with the standards established in such
regulations of the Nuclear Regulatory Commission, if the
employees of the covered entity are employed in an industry
subject to such regulations, including complying with regulations
(if any) that apply to employment in sensitive positions in such
an industry, in the case of employees of the covered entity who
are employed in such positions (as defined in the regulations of
the Nuclear Regulatory Commission); and
     (C) employees comply with the standards established in such
regulations of the Department of Transportation, if the employees
of the covered entity are employed in a transportation industry
subject to such regulations, including complying with such
regulations (if any) that apply to employment in sensitive
positions in such an industry, in the case of employees of the
covered entity who are employed in such positions (as defined in
the regulations of the Department of Transportation).
     (d) Drug Testing. 
     (1) In general. For purposes of this title, a test to
determine the illegal use of drugs shall not be considered a
medical examination.
     (2) Construction. Nothing in this title shall be construed
to encourage, prohibit, or authorize the conducting of drug
testing for the illegal use of drugs by job applicants or
employees or making employment decisions based on such test
results.
     (e) Transportation Employees. Nothing in this title shall be
construed to encourage, prohibit, restrict, or authorize the
otherwise lawful exercise by entities subject to the jurisdiction
of the Department of Transportation of authority to 
     (1) test employees of such entities in, and applicants for,
positions involving safety-sensitive duties for the illegal use
of drugs and for on-duty impairment by alcohol; and
     (2) remove such persons who test positive for illegal use of
drugs and on-duty impairment by alcohol pursuant to paragraph (1)
from safety-sensitive duties in implementing subsection (c).
SEC. 105. POSTING NOTICES.
     Every employer, employment agency, labor organization, or
joint labor-management committee covered under this title shall
post notices in an accessible format to applicants, employees,
and members describing the applicable provisions of this Act, in
the manner prescribed by section 711 of the Civil Rights Act of
1964 (42 U.S.C. 2000e-10).
SEC. 106. REGULATIONS.
     Not later than 1 year after the date of enactment of this
Act, the Commission shall issue regulations in an accessible
format to carry out this title in accordance with subchapter II
of chapter 5 of title 5, United States Code.
SEC. 107. ENFORCEMENT.
     (a) Powers, Remedies, and Procedures. The powers, remedies,
and procedures set forth in sections 705, 706, 707, 709, and 710
of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4, 2000e-5,
2000e-6, 2000e-8, and 2000e-9) shall be the powers, remedies, and
procedures this title provides to the Commission, to the Attorney
General, or to any person alleging discrimination on the basis of
disability in violation of any provision of this Act, or
regulations promulgated under section 106, concerning employment.
     (b) Coordination. The agencies with enforcement authority
for actions which allege employment discrimination under this
title and under the Rehabilitation Act of 1973 shall develop
procedures to ensure that administrative complaints filed under
this title and under the Rehabilita tion Act of 1973 are dealt
with in a manner that avoids duplication of effort and prevents
imposition of inconsistent or conflicting standards for the same
requirements under this title and the Rehabilitation Act of 1973.
The Commission, the Attorney General, and the Office of Federal
Contract Compliance Programs shall establish such coordinating
mechanisms (similar to provisions contained in the joint
regulations promulgated by the Commission and the Attorney
General at part 42 of title 28 and part 1691 of title 29, Code of
Federal Regulations, and the Memorandum of Understanding between
the Commission and the Office of Federal Contract Compliance
Programs dated January 16, 1981 (46 Fed. Reg. 7435, January 23,
1981)) in regulations implementing this title and Rehabilitation
Act of 1973 not later than 18 months after the date of enactment
of this Act.
SEC. 108. EFFECTIVE DATE.
     This title shall become effective 24 months after the date
of enactment.
                    TITLE II PUBLIC SERVICES
Subtitle A Prohibition Against Discrimination and Other Generally
ApplicableProvisions
SEC. 201. DEFINITION.
     As used in this title:
     (1) Public entity. The term  public entity  means 
     (A) any State or local government;
     (B) any department, agency, special purpose district, or
other instrumentality of a State or States or local government;
and
     (C) the National Railroad Passenger Corporation, and any
commuter authority (as defined in section 103(8) of the Rail
Passenger Service Act).
     (2) Qualified individual with a disability. The term
 qualified individual with a disabil ity  means an individual
with a disability who, with or without reasonable modifications
to rules, policies, or practices, the removal of architectural,
communication, or transportation barriers, or the provision of
auxiliary aids and services, meets the essential eligibility
requirements for the receipt of services or the participation in
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