§ 35.18 DEFENSE TO CHARGE OF DISCRIMINATION; QUALIFICATION STANDARDS.
   (A)   It may be a defense to a charge of discrimination under this subchapter that an alleged application of qualifications standards, tests or selection criteria that screen out or tend to screen out or otherwise deny a job benefit to an individual with a disability has been shown to be job related and consistent with business necessity, and performance cannot be accomplished by reasonable accommodation, as required under this section.
   (B)   As used in division (A) of this section, qualification standards may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.
(1979 Code, § 35.18) (Ord. 4235, passed 1-8-1996)