Comment on FR Doc # E9-22492

The proposed rule seems be clarifying in nature and very minimal, if any, increased implementation costs. However, the rule doesn’t clearly define the level of protection for individuals where health and fitness are required for employment. For occupations such as athletes, where health and performance serve as their employment record, to what extent can their employer use this information? One would assume that an employer is free to make personnel decisions in this instance. If so, this would imply that individuals with this type of occupation are an exception and not protected. If this is not the intent of rule, clarification is needed.