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22 <br /> inquiry is shown to be job-related and consistent with business <br /> necessity. <br /> ( 12 ) a covered entity may, however, make inquiries into <br /> the ability of an employee to perform job-related functions , and <br /> may conduct voluntary medical examinations , including voluntary <br /> medical histories, which are part of an employee health program <br /> available to employees at the work site. Information obtained in <br /> such medical examinations or medical histories is subject to the <br /> same restrictions and requirement as information obtained pursuant <br /> to pre-employment medical examinations, as described in subsections <br /> 9 (b) and 9 (c) of this section. <br /> Sec . 4 . 2 Exemptions and Defenses <br /> (a) Notwithstanding any other provision of this Article, it <br /> is not unlawful for: <br /> ( 1) a covered entity to employ, admit, classify, or <br /> refer any individual on the basis of religion, sex, national <br /> origin, age, familial status , or veteran status, in those certain <br /> instances where religion, sex, national origin, age, familial <br /> status , or veteran status is a bona fide occupational qualification <br /> reasonably necessary to the normal operation of that particular <br /> business or enterprise . <br /> (2 ) a covered entity to print or publish, or caused to <br /> be printed or published, any notice or advertisement indicating any <br /> preference, limitation, specification, or discrimination, based on <br /> religion, sex, national origin, age, familial status, or veteran <br /> status, in such instances when religion, sex, national origin, age, <br /> 17 <br />