Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 03 - COMMISSION ON HUMAN RELATIONS
Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities
Section 14.03.02.08 - Affirmative Defenses
Universal Citation: MD Code Reg 14.03.02.08
Current through Register Vol. 51, No. 19, September 20, 2024
A. Bona Fide Occupational Qualification.
(1) A covered
entity may take discriminatory actions otherwise prohibited under this chapter
if mental or physical ability is a bona fide occupational qualification (BFOQ),
reasonably necessary to the normal operation of the business or
program.
(2) A covered entity has
the burden of establishing the existence of a BFOQ. In determining whether the
BFOQ defense, narrowly construed, has been met, a covered entity shall show
that the particular standard or regulation is reasonably necessary to the
normal operation of that business, and that:
(a) All or substantially all individuals with
the particular disability would be unable, even with reasonable accommodation,
to perform the duties of the job in question; or
(b) It is impossible or highly impractical to
determine, on an individual basis, whether an individual with the particular
disability would be able to perform the duties of the job in
question.
B. Future Hazard.
(1) A covered entity may take
discriminatory actions otherwise prohibited by this chapter, if the applicant's
or employee's disability would create a future hazard to health or
safety.
(2) To establish a future
hazard defense, a covered entity shall show that:
(a) It conducted an individualized assessment
of the individual's ability to perform the essential functions of the job in
question; and
(b) To a reasonable
probability, the individual's disability, even with reasonable accommodation,
would render the individual unable to perform the duties of the position in
question without endangering the health or safety of the individual with a
disability or others.
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