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:
- The ability of the person with a disability to perform essential job functions
will be impaired by a medical condition; or
- 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.