[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR339.103]

[Page 232-233]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 339--MEDICAL QUALIFICATION DETERMINATIONS--Table of Contents
 
                           Subpart A--General
 
Sec. 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 
Sec. 1613.704 (requiring reasonable accommodation of individuals with 
handicaps); Sec. 1613.705 (prohibiting use of employment criteria that 
screen out individuals with handicaps unless shown to be related to the 
job in question) and Sec. 1614.706 (prohibiting pre-employment inquiries 
related to handicap and pre-employment medical examinations, except 
under specified circumstances). In addition,

[[Page 233]]

use of the term ``qualified'' in these regulations shall be interpreted 
consistently with Sec. 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.''