Section 910 IAC 3-3-12 - DefensesAuthority: IC 22-9-5-27
Affected: IC 22-9-5
Sec. 12.
Defenses to an allegation of discrimination under this section may include, but are not limited to, the following:
(1) It may be a defense to a charge of disparate treatment brought under sections 1 through 5 and 8 through 9 of this rule that the challenged action is justified by a legitimate, nondiscriminatory reason.(2) It may be a defense to a charge of discrimination, as described in section 7 of this rule, that an alleged application of qualification standards, tests, or selection criteria that screens out or tends to screen out or otherwise denies a job or benefit to an individual with a disability has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished with reasonable accommodation, as required in this article.(3) It may be a defense to a charge of discrimination brought under this article that a uniformly applied standard, criterion, or policy has a disparate impact on an individual with a disability or a class of individuals with disabilities that the challenged standard, criterion, or policy has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished with reasonable accommodation, as required in this article.(4) It may be a defense to a charge of discrimination, as described in section 6 of this rule, that a requested or necessary accommodation would impose an undue hardship on the operation of the covered entity's business.(5) It may be a defense to a charge of discrimination under this article that: (A) a challenged action is required or necessitated by another federal law or regulation; or(B) another federal law or regulation prohibits an action (including the provision of a particular reasonable accommodation) that would otherwise be required by this article.(6) It may be a defense to a charge of discrimination under this article that the alleged discriminatory action is specifically permitted by section 11 or 13 of this rule. As used in this section, "qualification standard" may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.
Civil Rights Commission; 910 IAC 3-3-12; filed Dec 31, 1998, 2:10 p.m.: 22 IR 1523; 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-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA