[Code of Federal Regulations]

[Title 41, Volume 2]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 41CFR101-8.308]



[Page 56]

 

           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT

 

          CHAPTER 101--FEDERAL PROPERTY MANAGEMENT REGULATIONS

 

PART 101-8_NONDISCRIMINATION IN PROGRAMS RECEIVING FEDERAL FINANCIAL 

ASSISTANCE--Table of Contents

 

   Subpart 101-8.3_Discrimination Prohibited on the Basis of Handicap

 

Sec. 101-8.308  Preemployment inquiries.



    (a) Except as provided in paragraphs (b) and (c) of this section, a 

recipient may not conduct a preemployment medical examination or may not 

make preemployment inquiries of an applicant as to whether the applicant 

is a handicapped person or as to the nature or severity of a handicap. A 

recipient may, however, make preemployment inquiries into an applicant's 

ability to perform job-related functions.

    (b) When a recipient is taking remedial action to correct the 

effects of past discrimination, or is taking voluntary action to 

overcome the effects of conditions that resulted in limited 

participation in its federally assisted program or activity, or when a 

recipient is taking affirmative action under section 503 of the 

Rehabilitation Act of 1973, as amended, the recipient may invite 

applicants for employment to indicate whether, and to what extent, they 

are handicapped provided that:

    (1) The recipient states clearly on any written questionnaire used 

for this purpose or makes clear orally, if no written questionnaire is 

used, that the information requested is intended for use solely in 

connection with its remedial action obligations or its voluntary or 

affirmative action efforts; and

    (2) The recipient states clearly that the information is requested 

on a voluntary basis, that it will be kept confidential as provided in 

paragraph (d) of this section, that refusal to provide it will not 

subject the applicant or employee to any adverse treatment, and that it 

will be used only in accordance with this subpart.

    (c) This section does not prohibit a recipient from conditioning an 

offer of employment on the results of a medical examination conducted 

prior to the employee's entrance on duty provided that all entering 

employees are subjected to the examination regardless of handicap or 

absence of handicap and results of the examination are used only in 

accordance with the requirements of this subpart.

    (d) Information obtained in accordance with this section concerning 

the medical condition or history of the applicant shall be collected and 

maintained on separate forms that are to be accorded confidentiality as 

medical records, except that:

    (1) Supervisors and managers may be informed of restrictions on the 

work or duties of handicapped persons and of necessary accommodations;

    (2) First aid and safety personnel may be informed, where 

appropriate, if the condition might require emergency treatment; and

    (3) Government officials investigating compliance with section 504 

of the Rehabilitation Act of 1973, as amended, shall be provided 

relevant information upon request.