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(B) requiring that an individual with a cur

rently contagious disease or infection not pose a
direct threat to the health or safety of other indi-
viduals in the workplace or program.
TITLE II-EMPLOYMENT

6 SEC. 201. DEFINITIONS.

As used in this title:

(1) COMMISSION.—The term “Commission” means the Equal Employment Opportunity Commission established by section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4).

(2) EMPLOYEE.

(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 individual chosen by such officer to be on such officer's personal staff, or an appointee on the policy making level or an immediate adviser with respect

to the exercise

of the constitutional or legal

powers of the office.

(C) LIMITATION ON EXCEPTION.—The exception contained in subparagraph (B) shall not

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means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar

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weeks in the current or preceding calendar year,

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and any agent of such a person.

(B) EXCEPTIONS.—The term "employer"

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does not include

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(4) PERSON, ETC. — The terms "person", "labor organization", "employment agency”, “commerce”, and “industry affecting commerce", shall have the

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same meaning given such terms in section 701 of the

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Civil Rights Act of 1964 (42 U.S.C. 2000e).

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(5) QUALIFIED INDIVIDUAL WITH A DISABIL

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ITY.—The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that

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such individual holds or desires.

7 SEC. 202. DISCRIMINATION.

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(a) GENERAL RULE.-No employer, employment

9 agency, labor organization, or joint labor-management com10 mittee shall discriminate against any qualified individual with 11 a disability because of such individual's disability in regard to 12 job application procedures, the hiring or discharge of employ13 ees, employee compensation, advancement, job training, and 14 other terms, conditions, and privileges of employment.

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(b) CONSTRUCTION.-As used in subsection (a), the

16 term "discrimination" includes

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(1) the failure by an employer, employment agency, labor organization, or joint labor-management committee to make reasonable accommodations to the

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known physical or mental limitations of a qualified individual with a disability who is an applicant or employee unless such entity can demonstrate that the accommodation would impose an undue hardship on the operation of its business;

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(2) the denial of employment opportunities by a covered employer, employment agency, labor organization, or joint labor-management committee to an applicant or employee who is a qualified individual with a disability if the basis for such denial is because of the

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need of the individual for reasonable accommodation;

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(3) the imposition or application by a covered employer, employment agency, labor organization or joint labor-management committee of qualification standards, tests, selection criteria or eligibility criteria that identify or limit, or tend to identify or limit, a qualified individual with a disability, or any class of qualified indi

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viduals with disabilities, unless such standards, tests or

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criteria can be shown by such entity to be necessary

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20 Every employer, employment agency, labor organiza21 tion, or joint labor-management committee covered under 22 this title shall post notices in an accessible format to appli23 cants, employees, and members describing the applicable pro24 visions of this Act, in the manner prescribed by section 711 25 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10).

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1 SEC. 204. REGULATIONS.

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Not later than 180 days after the date of enactment of 3 this Act, the Commission shall issue regulations in an acces4 sible format to carry out this title in accordance with sub5 chapter II of chapter 5 of title 5, United States Code.

6 SEC. 205. ENFORCEMENT.

7 The remedies and procedures set forth in sections 706, 8 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 9 20000-5, 2000e-8, and 2000e-9), and the remedies and pro

10 cedures available under section 1981 of the Revised Statutes

11 (42 U.S.C. 1981) shall be available, with respect to any indi

12 vidual who believes that he or she is being or about to be 13 subjected to discrimination on the basis of disability in viola14 tion of any provisions of this Act, or regulations promulgated 15 under section 204, concerning employment. 16 TITLE III—PUBLIC SERVICES

17 SEC. 301. DEFINITION OF QUALIFIED INDIVIDUAL WITH A

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19 As used in this title, the term “qualified individual with 20 a disability" means an individual with a disability who, with 21 or without reasonable modifications to rules, policies and 22 practices, the removal of architectural, communication, and 23 transportation barriers, or the provision of auxiliary aids and 24 services, meets the essential eligibility requirements for the 25 receipt of services or the participation in programs or activi26 ties provided by a State or agency or political subdivision of a

OHR 2773 SC

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