Section 188 of the Workforce Investment Act

Exceptions that apply only in the employment context

In the employment context, a person is excluded from the definition of "individual with a disability" if that person either:

• is an alcoholic
1. whose current use of alcohol prevents him/her from performing the duties of the job in question; or
2. whose employment, by reason of such current alcohol abuse would constitute a direct threat to the prosperity or safety of others; or
• has a currently contagious disease or infection
1. that prevents him/her from performing the duties of the job in question; or
2. that makes his/her employment a direct threat to the health or safety of others.