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Disability Nondiscrimination Law Advisor

Job-related and Consistent with Business Necessity

This Section 188 of the Workforce Investment Act of 1998 requirement is met when the covered entity has a reasonable belief, based on object evidence, that:

  1. The ability of the person with a disability to perform essential job functions will be impaired by a medical condition; or
  2. An employee or applicant for employment will pose a direct threat due to a medical condition. See 29 CFR 37.3(b) and 29 CFR 32.15.