The President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of handicapping condition in an Executive agency or in the competitive service with respect to a position the duties of which, in the opinion of the Office of Personnel Management, can be performed efficiently by an individual with a handicapping condition, except that the employment may not endanger the health or safety of the individual or others.
Pub. L. 89–55480 Stat. 523Pub. L. 95–454, title I, § 101(b)(2)92 Stat. 1118(, , , § 7153; renumbered § 7203 and amended , title VII, § 703(a)(1), title IX, § 906(a)(2), , , 1216, 1224.)
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Historical and Revision Notes |
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. The section is rewritten as a general prohibition instead of specifying the personnel actions included in former section 633(2)9. The words “in an Executive agency or in the competitive service” are added for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
Pub. L. 95–454, § 703(a)(1)section 7153 of this title1978—, renumbered as this section.
Pub. L. 95–454, §§ 101(b)(2), 906(a)(2), substituted “Handicapping condition” for “Physical handicap” in section catchline, “handicapping condition” for “physical handicap” wherever appearing in text, and “Office of Personnel Management” for “Civil Service Commission”.
Statutory Notes and Related Subsidiaries
Effective Date of 1978 Amendment
Pub. L. 95–454section 907 of Pub. L. 95–454section 1101 of this titleAmendment by sections 101(b)(2) and 906(a)(2) of effective 90 days after , see , set out as a note under .