Authority: IC 22-9-5-27

Affected: IC 22-9-5

Sec. 17. (a) Under Title I of the Americans with Disabilities Act, Section 103(d)(1), the Secretary of Health and Human Services is to prepare a list, to be updated annually, of infectious and communicable diseases that are transmitted through the handling of food. (Copies may be obtained from Center for Infectious Diseases, Centers for Disease Control, 1600 Clifton Road, NE, Mailstop C09, Atlanta, Georgia 30333.) If an individual with a disability is disabled by one (1) of the infectious or communicable diseases included on this list, and if the risk of transmitting the disease associated with the handling of food cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign such individual to a job involving food handling. However, if the individual with a disability is a current employee, the employer must consider whether he or she can be accommodated by reassignment to a vacant position not involving food handling.

(b) This section does not preempt, modify, or amend any state, county, or local law, ordinance, or rule applicable to food handling that is:

1. (1) in accordance with the list referred to in subsection (a) of infectious or communicable diseases and the modes of transmissibility published by the Secretary of Health and Human Services; and
2. (2) designed to protect the public health from individuals who pose a significant risk to the health or safety of others, where that risk cannot be eliminated by reasonable accommodation.

(Civil Rights Commission; 910 IAC 3-3-17; filed Dec 31, 1998, 2:10 p.m.: 22 IR 1524; readopted filed Oct 18, 2005, 2:30 p.m.: 29 IR 897; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA; readopted filed Sep 27, 2019, 2:32 p.m.: 20191030-IR-910190407RFA)