[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1232.12]



[Page 84-85]

 

                        TITLE 45--PUBLIC WELFARE

 

       CHAPTER XII--CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

 

PART 1232_NONDISCRIMINATION ON BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

          Subpart B_Employment and Volunteer Service Practices

 

Sec.  1232.12  Preemployment or pre-selection inquiries.



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

recipient may not conduct a preemployment medical examination or not 

make pre-employment inquiry of an applicant as to whether the applicant 

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

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

ability to perform job-related functions. For the purpose of this 

paragraph, ``pre-employment'' as applied to applicants for volunteer 

positions means prior to selection as a volunteer.

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

effects of past discrimination pursuant to Sec.  1232.8(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.  1232.8(b) or when a 

recipient is taking affirmative action pursuant to section



[[Page 85]]



503 of the Act, the recipient may invite applicants for employment or 

volunteer service 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 or volunteer service on the results 

of a medical examination conducted prior to the volunteer or employee's 

entrance on duty. Provided, That:

    (1) All entering volunteers or 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 officers investigating compliance with the Act shall 

be provided relevant information upon request.