5 C.F.R. § 339.103   Compliance with EEOC regulations.


Title 5 - Administrative Personnel

Title 5: Administrative Personnel
PART 339—MEDICAL QUALIFICATION DETERMINATIONS
Subpart A—General

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§ 339.103   Compliance with EEOC regulations.

Actions under this part must be consistent with 29 CFR 1613. 701 et seq. Particularly relevant to medical qualification determinations are §1613.704 (requiring reasonable accommodation of individuals with handicaps); §1613.705 (prohibiting use of employment criteria that screen out individuals with handicaps unless shown to be related to the job in question) and §1614.706 (prohibiting pre-employment inquiries related to handicap and pre-employment medical examinations, except under specified circumstances). In addition, use of the term “qualified” in these regulations shall be interpreted consistently with §1613.702(f), which provides that a “qualified handicapped person” is a handicapped person “who, with or without reasonable accommodation, can perform the essential functions of the position in question without endangering the health and safety of the individual or others.”

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