May an agency follow another federal law or regulation that conflicts with the Rehabilitation Act?
Yes, but only if the other federal law or regulation actually requires some action inconsistent with the Rehabilitation Act. The other federal laws defense is inapplicable to workplace policies that are not mandated by law or by regulations having the force and effect of law. Example 36: If federal occupational safety and health regulations require that employees working in a federal correctional facility special operations response team be able to wear respirators in emergency response situations, an agency would not have to hire for the job an individual whose disability prevents him from wearing the respirator. An agency may defend a qualification standard (whether in regulations or policies) that screens out an individual with a disability but that is not mandated by federal law by showing that the standard is job-related and consistent with business necessity. This means that the standard accurately measures the individuals ability to perform the jobs essential functions or, where
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