10 CFR 4.125, Preemployment Inquiries

Preemployment inquiries

a

(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 disabled person or as to the nature of severity of a disability. A recipient may, however, make preemployment inquiry into an applicant's ability to perform job-related functions.

b

(b) When a recipient is taking remedial action to correct the effects of past discrimination, or 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, or when a recipient is taking affirmative action pursuant to section 503 of the Rehabilitation Act of 1973, the recipient may invite applicants for employment to indicate whether and to what extent they are disabled: Provided, That:

(1) The recipient makes clear to the applicant 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 makes clear to the applicant 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 to any adverse treatment, and that it will be used only in accordance with this subpart.

c

(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 disability; and

(2) The results of such an examination are used only in accordance with the requirements of this subpart.

d

(d) Information obtained in accordance with this section as to the medical condition or history of the applicant must be collected on separate forms. The recipient shall retain each form as a record for three years from the date the applicant's employment ends, or, if not hired, from the date of application. Each form must be accorded confidentiality as a medical record, except that:

(1) Supervisors and managers may be informed regarding restrictions on the work or duties that may be assigned to disabled persons and regarding necessary accommodations;

(2) First aid and safety personnel may be informed, where appropriate, if the condition associated with the disability might require emergency treatment; and

(3) Government officials investigating compliance with the Rehabilitation Act of 1973 shall be provided relevant information upon request.

Federal Register

[[[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=1980_register&page=14535&position=1%7C 45 FR 14535, Mar. 6, 1980]], as amended at [[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=1988_register&page=19244&position=1%7C 53 FR 19244, May 27, 1988]]; [[FR::http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2012_register&page=39904&position=1%7C 77 FR 39904, Jul. 6, 2012]]]

External Links

[[URL::http://www.nrc.gov/reading-rm/doc-collections/cfr/part004/part004-0125.html%7CNRC website 10 CFR 4.125]]

v t e Code of Federal Regulations
Title 10 Part 4 - NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE COMMISSION
10 CFR: 1 2 4 5 7 9 10 11 12 13 14 15 16 19 20 21 25 26 30 31 32 33 34 35 36 37 39 40 50 51 52 54 55 60 61 62 63 70 71 72 73 74 75 76 81 95 100 140 150 160 170 171
1, General Provisions, Purpose and scope 2, Subparts 3, Application of this part 4, Definitions 5, Communications and reports 6, Maintenance of records 8, Information collection requirements: OMB approval 11, —Regulations Implementing Title VI of the Civil Rights Act of 1964 and Title IV of the Energy Reorganization Act of 1974, General prohibition 12, Specific discriminatory actions prohibited 13, Employment practices 14, Medical emergencies 21, Assurances Required, General requirements 22, Continuing Federal financial assistance 24, Assurances from institutions 31, Compliance Information, Cooperation and assistance 32, Compliance reports 33, Access to sources of information 34, Information to beneficiaries and participants 41, Conduct of Investigations, Periodic compliance reviews 42, Complaints 43, Investigations 44, Resolution of matters 45, Intimidatory or retaliatory acts prohibited 46, Means of Effecting Compliance, Means available 47, Noncompliance with § 4.21 48, Termination of or refusal to grant or to continue Federal financial assistance 49, Other means authorized by law 51, Opportunity for Hearing, Notice of opportunity for hearing 61, Hearings and Findings, Presiding officer 62, Right to counsel 63, Procedures, evidence, and record 64, Consolidated or joint hearings 71, Decisions and Notices, Initial decision or certification 72, Exceptions and final decision 73, Rulings required 74, Content of orders 75, Post termination proceedings 81, Judicial Review, Judicial review 91, Effect on Other Regulations; Forms and Instructions, Effect on other regulations 92, Forms and instructions 93, Supervision and coordination 101, Regulations Implementing Section 504 of the Rehabilitation Act of 1973, as Amended, Definitions 121, Discriminatory Practices, General prohibitions against discrimination 122, General prohibitions against employment discrimination 123, Reasonable accommodation 124, Employment criteria 125, Preemployment inquiries 126, General requirement concerning accessibility 127, Existing facilities 128, New construction 231, Enforcement, Responsibility of applicants and recipients 232, Notice 233, Enforcement procedures 301, Regulations Implementing the Age Discrimination Act of 1975, as Amended, General, Purpose and scope 302, Application of this subpart 303, Definitions 311, Standards for Determining Age Discrimination, Rules against age discrimination 312, Definitions of "normal operation" and "statutory objective" 313, Exceptions to the rules against age discrimination. Normal operation or statutory objective of any program or activity 314, Exceptions to the rule against age discrimination. Reasonable factors other than age 315, Burden of proof 321, Duties of NRC Recipients, Assurance of compliance 322, Written notice, technical assistance, and educational materials 324, Information requirements 331, Investigation, Conciliation, and Enforcement Procedures, Compliance reviews 332, Complaints 333, Mediation 334, Investigation 335, Prohibition against intimidation or retaliation 336, Compliance procedure 337, Hearings, decisions, post-termination proceedings 338, Remedial and affirmative action by recipients 339, Alternate funds disbursal procedure 340, Exhaustion of administrative remedies 341, Reports 501, Enforcement of Nondiscrimination on the Basis of Disability in Programs or Activities Conducted by the U.S. Nuclear Regulatory Commission, Purpose 502, Application 503, Definitions 504, 4.504--4.509 Reserved 510, Self-evaluation 511, Notice 512, 4.512--4.529 Reserved 530, General prohibitions against discrimination 531, 4.531--4.539 Reserved 540, Employment 541, 4.541--4.548 Reserved 549, Program accessibility: Discrimination prohibited 550, Program accessibility: Existing facilities 551, Program accessibility: New construction and alterations 552, 4.552--4.559 Reserved 560, Communications 561, 4.561--4.569 Reserved 570, Compliance procedures Appendices: 10 CFR 4 Appendix A, Appendix a to Part 4--Federal Financial Assistance to Which This Part Applies

10 CFR 4.125, Preemployment Inquiries

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c

d

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10 CFR 4.125, Preemployment Inquiries

a

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c

d

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