During the second interview with a conditional employee, the employee has reported a disease or symptom listed in the Food Code. What do I do?
If a conditional employee reports a disease or symptom listed in the Food Code and shows that the disease or symptom makes the conditional employee an individual with an ADA disability, the employer may withdraw the job offer only if: • The job involves food handling. • The employer determines that either there is no reasonable accommodation that would eliminate the risk of transmitting the disease through food, or any such accommodation would be an undue hardship to the business. • There is no need to offer the conditional employee a vacant position not involving food handling as a reasonable accommodation. It should be noted that the information provided here about the ADA is intended to alert employers to the existence of ADA and related CFR requirements. For a comprehensive understanding of the ADA and its implications, consult the references listed in Annex 2 that relate to this section of the Code or contact the U. S. Equal Employment Opportunity Commission. See the Equal Employm
