§ 42-87-1.1 - Other definitions.
SECTION 42-87-1.1
§ 42-87-1.1 Other definitions. – As used in this chapter:
(1) "Auxiliary aids and services" includes:
(i) Qualified interpreters or other effective methods ofmaking aurally delivered materials available to individuals with hearingimpairments;
(ii) Qualified readers, taped texts, or other effectivemethods of making visually delivered materials available to individuals withvisual impairments;
(iii) Acquisition or modification of equipment or devices; and
(iv) Other similar services and actions.
(2) "Discrimination":
(i) Includes those acts prohibited on the basis of race by 42U.S.C. §§ 1981, 1983 and those on the basis of disability by 29U.S.C. § 794, and those on the basis of disability by 42 U.S.C. §12101 et seq., and those on the basis of disability by chapter 5 of title 28.
(ii) Nothing in this chapter shall provide the basis for aclaim by an individual without a disability that the individual was subject todiscrimination because of the individual's lack of disability.
(3) "Readily achievable" means easily accomplishable and ableto be carried out without much difficulty or expense. In determining whether anaction is readily achievable, factors to be considered include:
(i) The nature and cost of the action needed under thischapter;
(ii) The overall financial resources of the facility orfacilities involved in the action; the number of persons employed at suchfacility; the effect on expenses and resources, or the impact otherwise of suchaction upon the operation of the facility;
(iii) The overall financial resources of the covered entity;the overall size of the business of a covered entity with respect to the numberof its employees; the number, type, and location of its facilities; and
(iv) The type of operation or operations of the coveredentity, including the composition, structure, and functions of the workforce ofsuch entity; the geographic separateness, administrative or fiscal relationshipof the facility or facilities in question to the covered entity.
(4) "Reasonable accommodation" may include:
(i) Making existing facilities used by employees readilyaccessible to and usable by individuals with disabilities; and
(ii) Job restructuring, part-time or modified work schedules,reassignment to a vacant position, acquisition or modification of equipment ordevices, appropriate adjustment or modifications of examinations, trainingmaterials or policies, the provision of qualified readers or interpreters, andother similar accommodations for individuals with disabilities.
(iii) Nothing in this chapter shall be construed to requirean individual with a disability to accept an accommodation, aid, service,opportunity, or benefit which such individual chooses not to accept.
(iv) An employer, state or local government agency and anyperson who owns, leases (or leases to), or operates a place of publicaccommodation, need not provide a reasonable accommodation or a reasonablemodification to policies, practices, or procedures to an individual who meetsthe definition of disability in subsection 42-87-1(1) solely under subparagraph(4)(iii).
(5) "Reasonable modifications": (i) include modifications inpolicies, practices, or procedures when the modifications are necessary toavoid discrimination on the basis of disability, unless the covered entity candemonstrate that making the modifications would fundamentally alter the natureof the service, program, or activity.
(ii) Nothing in this chapter shall be construed to require anindividual with a disability to accept an accommodation, aid, service,opportunity, or benefit which such individual chooses not to accept.
(iii) Any person or entity covered by § 42-87-2, neednot provide a reasonable modification to policies, practices, or procedures toan individual who meets the definition of disability in subsection 42-87-1(1)solely under subparagraph (iii).
(iv) Nothing in this chapter alters the provision, specifyingthat reasonable modifications in policies, practices, or procedures shall berequired, unless an entity can demonstrate that making such modifications inpolicies, practices, or procedures, including academic requirements inpostsecondary education, would fundamentally alter the nature of the goods,services, facilities, privileges, advantages, or accommodations involved.
(6) "Undue hardship" means:
(i) An action requiring significant difficulty or expense,when considered in light of the factors set forth in subparagraph (ii) herein.
(ii) In determining whether an accommodation would impose anundue hardship on a covered entity, factors to be considered include:
(A) The nature and cost of the accommodation needed underthis chapter;
(B) The overall financial resources of the facility orfacilities involved in the provision of the reasonable accommodation; thenumber of persons employed at such facility; the effect on expenses andresources, or the impact otherwise of such accommodation upon the operation ofthe facility;
(C) The overall financial resources of the covered entity;the overall size of the business of a covered entity with respect to the numberof its employees; the number, type, and location of its facilities; and
(D) The type of operation or operations of the coveredentity, including the composition, structure, and functions of the workforce ofsuch entity; the geographic separateness, administrative, or fiscalrelationship of the facility or facilities in question to the covered entity.