[Code of Federal Regulations]
[Title 5, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR339.103]

[Page 234]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
 
PART 339_MEDICAL QUALIFICATION DETERMINATIONS--Table of Contents
 
                            Subpart A_General
 
Sec. 339.103  Compliance with EEOC regulations.

    Actions under this part must be consistent with 29 CFR 1613. 701 et 
seq. Particularly relevant to medical qualification determinations are 
Sec. 1613.704 (requiring reasonable accommodation of individuals with 
handicaps); Sec. 1613.705 (prohibiting use of employment criteria that 
screen out individuals with handicaps unless shown to be related to the 
job in question) and Sec. 1614.706 (prohibiting pre-employment 
inquiries related to handicap and pre-employment medical examinations, 
except under specified circumstances). In addition, use of the term 
``qualified'' in these regulations shall be interpreted consistently 
with Sec. 1613.702(f), which provides that a ``qualified handicapped 
person'' is a handicapped person ``who, with or without reasonable 
accommodation, can perform the essential functions of the position in 
question without endangering the health and safety of the individual or 
others.''