IMPROVED REEMPLOYMENT RIGHTS FOR DISABLED VETERANS

SEC. 339. IMPROVED REEMPLOYMENT RIGHTS FOR DISABLED VETERANS (a) In General.— Chapter 43 of title 38, United States Code, is amended by adding at the end the following new section: “§ 2027. Qualification for employment position “(a) For the purposes of this chapter, a person shall be considered qualified to perform the duties of an employment position if such person, with or without reasonable accommodation, can perform the essential functions of the position. “(b) For the purposes of subsection (a) of this section, an employer shall be required to make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such employer. “(c) For purposes of subsections (a) and (b) of this section— “(1) the term ‘employer’ means— “(A) until July 26, 1994, a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person; and 105 STAT. 92 “(B) on and after July 26, 1994, a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person; except that such term does not include the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of the Internal Revenue Code of 1986; and “(2) the terms ‘reasonable accommodation’ and ‘undue hardship’ have the meanings given such terms in paragraphs (9) and (10), respectively, of section 101 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 (9) and (10)). “(d) Nothing in this chapter shall be interpreted to limit in any way any of the rights conferred by the Americans with Disabilities Act of 1990.”. (b) Technical Amendment.— The table of sections of such chapter is amended by adding at the end the following: “2027. Qualification for employment position.”. (c) Effective Date.— The amendments made by this section shall take effect as of August 1, 1990.