[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR104.14]



[Page 376-377]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 104_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                     Subpart B_Employment Practices

 

Sec.  104.14  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.  104.6 (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.  104.6(b), or when a 

recipient is taking affirmative action pursuant to section 503 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 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 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



[[Page 377]]



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.