[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR17.213]



[Page 396-397]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

          Subpart B_Nondiscrimination on the Basis of Handicap

 

Sec.  17.213  Pre-employment inquiries.



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

recipient may not conduct a pre-employment medical examination or make a 

pre-employment inquiry as to whether the applicant is a handicapped 

person or as to the nature or severity of a handicap. A recipient may, 

however, make a pre-employment 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.  17.205(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.  17.205(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.

    (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 subpart.

    (3) The recipient must communicate with the applicant in a manner 

that will ensure that the applicant understands clearly the reasons for 

the recipient's questions.

    (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,



[[Page 397]]



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 

subpart.

    (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;

    (3) Government officials investigating compliance with the Act shall 

be provided relevant information upon request.