[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1251.203]



[Page 231-232]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1251_NONDISCRIMINATION ON BASIS OF HANDICAP--Table of Contents

 

                   Subpart 1251.2_Employment Practices

 

Sec. 1251.203  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 inquiry 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 inquiry 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 pursuant to Sec. 1251.105(a), when a 

recipient is taking voluntary action to overcome the effects of 

conditions that resulted in limited participation in its Federally 

assisted program or activity pursuant to Sec. 1251.105(b), or when a 

recipient is taking affirmative action pursuant to section 504 of the 

Act, 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 of 

affirmative action efforts; and



[[Page 232]]



    (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 it 

will not subject the applicant or employee to any adverse treatment, and 

that it 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 prior to the employee's entrance on duty, provided 

that:

    (1) All entering employees are subjected to such an examination 

regardless of handicap; and

    (2) The results of such an examination are used only in accordance 

with the requirements of this part.

    (d) Information obtained in accordance with this section as to the 

medical condition or history of the applicant shall be collected and 

maintained on separate forms that shall be accorded confidentiality as 

medical records, except that:

    (1) Supervisors and managers may be informed regarding restrictions 

on the work or duties of handicapped persons and regarding 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 the Act shall 

be provided relevant information upon request.