; and (B) includes— (i) an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 701(b) of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) ); and (ii) an entity to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies. (3) Employee The term employee means— (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) ); and (B) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies. (4) Person; commerce; industry affecting commerce The terms person , commerce , and industry affecting commerce shall have the same meaning given such terms in section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ). (5) Qualified employee The term qualified employee means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position. For the purposes of this title, consideration shall be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. (6) Reasonable accommodation The term reasonable accommodation may include— (A) job restructuring, modified work schedules, telework, reassignment to a vacant position, or wearing a mask or personal protective equipment; and (B) physical distancing for an unvaccinated individual or an unvaccinated individual wearing a mask or personal protective equipment, to the extent that the unvaccinated individual interacts with individuals who are vulnerable to COVID–19 and unvaccinated for COVID–19. (7) Vaccination status The term vaccination status means— (A) an individual’s status based on the voluntary election to receive or not to receive a COVID–19 vaccine