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fit, job, or other opportunity that is not equal to

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that afforded others.

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(C) Providing a service, program, activity,

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benefit, job, or other opportunity that is less effec

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tive than that provided to others.

(D) Providing a service, program, activity,

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benefit, job, or other opportunity that is different or separate, unless such action is necessary to

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provide the individual or class of individuals with

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a service, program, activity, benefit, job, or other opportunity that is as effective as that provided to

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others.

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(2) EQUAL OPPORTUNITY.-For purposes of this Act, aids, benefits, and services to be equally effective,

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must afford an individual with a disability an equal op

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portunity to obtain the same result, to gain the same

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benefit, or to reach the same level of achievement, in

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or activities provided in accordance with this section, an individual with a disability shall not be denied the

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opportunity to participate in such programs or activi

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ties that are not separate or different.

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(4) ADMINISTRATIVE METHODS.—An individual

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or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or

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methods of administration

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ing or substantially impairing the accomplishment of the objectives of the services, programs, activities, benefits, jobs, or other opportunities provided with respect to an individual with a disability; or

(C) that perpetuate the discrimination of

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others who are subject to common administrative control or are agencies of the same State.

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(5) RELATIONSHIPS OR ASSOCIATIONS.-It shall

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be discriminatory to exclude or otherwise deny equal services, programs, activities, benefits, jobs, or other

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11 opportunities to an individual or entity because of the relationship to, or association of, that individual or entity with another individual with a disability.

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(b) DEFENSES.

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(1) IN GENERAL.-It shall be a defense to a

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charge of discrimination under this Act that an alleged application of qualification standards, selection criteria, performance standards or eligibility criteria that exclude or deny services, programs, activities, benefits, jobs, or other opportunities to an individual with a disability has been demonstrated by the covered entity to be both necessary and substantially related to the abil

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ity of an individual to perform or participate, or take

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advantage of the essential components of such particular program, activity, job, or other opportunity and such performance, participation, or taking advantage of such essential components cannot be accomplished by applicable reasonable accommodations, modifications, or the provision of auxiliary aids or services.

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(2) QUALIFICATION STANDARDS.—The term

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"qualification standards" may include

(A) requiring that the current use of alcohol or drugs by an alcoholic or drug abuser not pose a direct threat to property or the safety of others in

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(B) requiring that an individual with a currently contagious disease or infection not pose a direct threat to the health or safety of other indi

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viduals in the workplace or program.

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sion established by section 705 of the Civil Rights Act

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(A) IN GENERAL.—The term “employee" means an individual employed by an employer.

(B) EXCEPTION.—The term "employee” shall not include any individual elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any indi

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vidual chosen by such officer to be on such offi

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cer's personal staff, or an appointee on the policy

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Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.

TITLE I-GENERAL PROHIBITION AGAINST DISCRIMINATION

Sec. 101. Forms of discrimination prohibited.

TITLE II-EMPLOYMENT

Sec. 201. Definitions.
Sec. 202. Discrimination.
Sec. 203. Posting notices.
Sec. 204. Regulations.
Sec. 205. Enforcement.

TITLE III—PUBLIC SERVICES

Sec. 301. Definition of qualified individual with a disability.
Sec. 302. Discrimination.
Sec. 303. Actions applicable to public transportation considered discriminatory.
Sec. 304. Regulations.
Sec. 305. Enforcement.

TITLE IV-PUBLIC ACCOMMODATIONS AND SERVICES OPERATED

BY PRIVATE ENTITIES

Sec. 401. Definitions.
Sec. 402. Prohibition of discrimination by public accommodations.
Sec. 403. Prohibition of discrimination in public transportation services provided by

private entities.
Sec. 404. Regulations.
Sec. 405. Enforcement.

TITLE V-TELECOMMUNICATIONS RELAY SERVICES

Sec. 501. Definitions.
Sec. 502. Telecommunications relay services.
Sec. 503. Regulations.
Sec. 504. Enforcement.

TITLE VI_MISCELLANEOUS PROVISIONS

Sec. 601. Construction.
Sec. 602. Prohibition against retaliation.
Sec. 603. State immunity.
Sec. 604. Regulations by the Architectural and Transportation Barriers Compliance

Board.
Sec. 605. Attorney's fees.
Sec. 606. Effective date.

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