Southwest ADA Center

Disability Law Index - Employment: Standards, Criteria, and Methods of Administration

Statute:

42 U.S.C. § 12112(b) - Discrimination - Construction

As used in subsection (a) of this section, the term "discriminate" includes -

(3) utilizing standards, criteria, or methods of administration -

(A) that have the effect of discrimination on the basis of disability; or
(B) that perpetuate the discrimination of others who are subject to common administrative control;

Regulation:

29 C.F.R. § 1630.7 - Standards, criteria, or methods of administration

It is unlawful for a covered entity to use standards, criteria, or methods of administration, which are not job-related and consistent with business
necessity, and:

(a) That have the effect of discriminating on the basis of disability; or
(b) That perpetuate the discrimination of others who are subject to common administrative control.