Orange County NC Website
Browse       Search
` 24 <br /> ( 6 ) an employer to differentiate upon the basis of sex <br /> in determining the amount of the wages or compensation paid or to <br /> be paid to employees of the employer if the differentiation is <br /> authorized by the provisions of section 6 (d) of the Fair Labor <br /> Standards Act of 1938, as amended (29 U.S .C . § 206 (d) ) . <br /> ( 7 ) a covered entity to refuse to assign or continue to <br /> assign an individual to a job involving food handling in any case <br /> in which such individual has an infectious or communicable disease <br /> that is : (i) transmitted to others through the handling of food; <br /> (ii) is included on the list developed by the Secretary of the <br /> United States Department of Health and Human Services pursuant to <br /> section 103 (d) of the Americans with Disabilities Act of 1990, (42 <br /> U.S .C. §§ 12101, et. seq. ) ; and (iii) cannot be eliminated by <br /> reasonable accommodation. Nothing in this subsection shall be <br /> construed to preempt, modify, or amend any state, county, or local <br /> law, ordinance, or regulation applicable to food handling. <br /> (b) ( 1) For purposes of this Article the term "qualified <br /> ,individual with a disability" shall not include any employee or <br /> applicant who is currently engaging in the illegal use of drugs, <br /> when the covered entity acts on the basis of such use. However, an <br /> individual shall . not be excluded as a qualified individual with a <br /> disability who: <br /> a. has successfully completed a supervised drug <br /> rehabilitation program and is no longer engaging in the illegal use <br /> of drugs , or has otherwise been rehabilitated successfully and is <br /> no longer engaging in such use; or <br /> 19 <br />