[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR8.13]



[Page 142-143]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 8_NONDISCRIMINATION BASED ON HANDICAP IN FEDERALLY ASSISTED PROGRAMS 

AND ACTIVITIES OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT--Table 

of Contents

 

                          Subpart B_Employment

 

Sec.  8.13  Preemployment inquiries.



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

recipient may not make a preemployment inquiry or conduct a 

preemployment medical examination of an applicant to determine whether 

the applicant is an individual with handicaps or the nature or severity 

of a handicap. A recipient may, however, make preemployment inquiry into 

an applicant's ability to perform job-related functions.

    (b) When a recipient is undertaking affirmative action efforts, 

voluntary or otherwise, the recipient may invite applicants for 

employment to indicate whether and to what extent they are handicapped, 

if the following conditions are met:

    (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 being 

requested on a voluntary basis, that it will be kept confidential (as 

provided in paragraph (d) of this section), that refusal to provide the 

information will not subject the applicant or employee to any adverse 

treatment, and that the information will be used only in accordance with 

this part.

    (c) Nothing in this section shall prohibit a recipient from 

conditioning an offer of employment on the results of a medical 

examination conducted before the employee's entrance on duty if all 

entering employees in that category of job classification must take such 

an examination regardless of handicap, and the results of such 

examination are used only in accordance with the requirements of this 

part.

    (d) Information obtained under this section concerning the medical 

condition or history of the applicant is to be collected and maintained 

on separate forms that are accorded confidentiality as medical records, 

except that:

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

work or duties of individuals with handicaps



[[Page 143]]



and informed of necessary accommodations;

    (2) First aid and safety personnel may be informed if the condition 

might require emergency treatment; and

    (3) Government officials investigating compliance with section 504 

shall be provided relevant information upon request.