Answer to Question 1
The Rehabilitation Act of 1973 protects the employment rights of individuals with a disability. The act's provisions prohibit discrimination against otherwise qualified individuals with a disability. The Rehabilitation Act imposes obligations not to discriminate against otherwise qualified individuals with a disability.
Three main provisions of the Rehabilitation Act deal with discrimination against otherwise qualified individuals with a disability:
Section 501 prohibits such discrimination by federal government employers
Section 503 prohibits such discrimination by employers with federal contracts
Section 504 prohibits the denial of participation in, or the benefits of, any federally funded activity to an otherwise qualified individual with a disability.
Answer to Question 2
In addition to the defense of undue hardship, the ADA sets out four other possible defenses for employers.
Direct Threat to Safety or Health of Others: Employers may refuse to hire or accommodate an individual if that individual's condition poses a direct threat to the health or safety of others in the workplace.
Job-Related Criteria: Employers may hire, select, or promote individuals based on tests, standards, or criteria that are job related or are consistent with business necessity.
Food Handler Defense: An employer in the food service industry may refuse to assign or transfer to a job involving food handling any individual who has an infectious or communicable disease that can be transmitted to others through the handling of food, when the risk of infection cannot be eliminated by reasonable accommodation.
Religious Entities: Title I of the ADA does not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.
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