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(B) qualified readers, taped texts, or other effective methods of making visually delivered

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materials available to individuals with visual im

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(2) DISABILITY.—The term “disability” means,

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(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

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(B) a record of such an impairment; or

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(A) making existing facilities used by employees readily accessible to and usable by indi

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viduals with disabilities; and

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(B) job restructuring, part-time or modified

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work schedules, reassignment, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations and training materials, adoption or modification of pro

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HR 2973 SC

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cedures or protocols, the provision of qualified

readers or interpreters, and other similar accom

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modations.

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(4) STATE.-The term "State" means each of the

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several States, the District of Columbia, the Common

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wealth of Puerto Rico, Guam, American Samoa, the

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Virgin Islands, the Canal Zone, the Trust Territory of

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the Pacific Islands, and the Commonwealth of the

9 Northern Mariana Islands. 10 TITLE I-GENERAL PROHIBITION

AGAINST DISCRIMINATION

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12 SEC. 101. FORMS OF DISCRIMINATION PROHIBITED.

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(a) IN GENERAL.

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(1) SERVICES, PROGRAMS, ACTIVITIES, BENE

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FITS, JOBS, OR OTHER OPPORTUNITIES.-Subject to the standards and procedures established in titles II through V, it shall be discriminatory to subject an individual or class of individuals, directly or through contractual, licensing, or other arrangements, on the basis of disability, to any of the following:

(A) Denying the opportunity to participate in or benefit from a service, program, activity, benefit, job, or other opportunity.

(B) Affording an opportunity to participate in or benefit from a service, program, activity, bene

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ad m 8C

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

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(C) Providing a service, program, activity, 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, benefit, job, or other opportunity that is different

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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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(E) Aiding or perpetuating discrimination by providing significant assistance to an agency, organization, or individual that discriminates.

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right, privilege, advantage, or opportunity enjoyed by others.

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(2) EQUAL OPPORTUNITY.-For purposes of this

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

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standing the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities 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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(A) that have the effect of discrimination on

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the basis of disability;

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(B) that have the purpose or effect of defeating 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 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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OHR 2973 SC

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opportunities to an individual or entity because of the relationship to, or association of, that individual or

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entity with another individual with a disability.

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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 ability of an individual to perform or participate, or take 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 STANDARD8.-The

term

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or drugs by an alcoholic or drug abuser not pose a direct threat to property or the safety of others in the workplace or program; and

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OHR 2273 SC

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