Sec. 402.208. - Defenses.

(a) In general. It may be a defense to a charge of discrimination under this Chapter that an alleged application of qualification 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 such performance cannot be accomplished by reasonable accommodation, as required under this Subchapter. (b) Qualification standards. The term "qualification standards" may include a requirement that an individual shall not pose a direct threat in the health or safety of other individuals in the workplace. (Ord. 1999-1117-E, § 1)