1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 7 (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and (B) job restructuring, part-time or modified work schedules, reassignment, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations and training materials, adoption or modification of procedures or protocols, the provision of qualified readers or interpreters, and other similar accommodations. (4) STATE. The term "State" means each of the several States, the District of Columbia, the Common wealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Canal Zone, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. 18 TITLE I-GENERAL PROHIBITION (1) SERVICES, PROGRAMS, ACTIVITIES, BENE 23 FITS, JOBS, OR OTHER OPPORTUNITIES.—Subject to the standards and procedures established in titles II through V, it shall be discriminatory to subject an indi HR 2273 [H 8 vidual 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, bene fit, job, or other opportunity. (B) Affording an opportunity to participate in or benefit from a service, program, activity, bene fit, job, or other opportunity that is not equal to that afforded others. (C) Providing a service, program, activity, benefit, job, or other opportunity that is less effective than that provided to others. (D) Providing a service, program, activity, benefit, job, or other opportunity that is different or separate, unless such action is necessary to provide the individual or class of individuals with a service, program, activity, benefit, job, or other opportunity that is as effective as that provided to others. (E) Aiding or perpetuating discrimination by providing significant assistance to an agency, organization, or individual that discriminates. (F) Denying the opportunity to participate as a member of boards or commissions. HR 2273 IH 9 (G) Otherwise limiting the enjoyment of any right, privilege, advantage, or opportunity enjoyed by others. (2) EQUAL OPPORTUNITY.-For purposes of this Act, aids, benefits, and services to be equally effective, must afford an individual with a disability an equal op portunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement, in the most integrated setting appropriate to the individual's needs. (3) OPPORTUNITY TO PARTICIPATE.-Notwithstanding 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. (4) ADMINISTRATIVE METHODS.-An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration (A) that have the effect of discrimination on the basis of disability; (B) that have the purpose or effect of defeating or substantially impairing the accomplishment of the objectives of the services, programs, activi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 10 ties, 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. (5) RELATIONSHIPS OR ASSOCIATIONS.-It shall be discriminatory to exclude or otherwise deny equal services, programs, activities, benefits, jobs, or other opportunities to an individual or entity because of the relationship to, or association of, that individual or entity with another individual with a disability. (b) DEFENSES. (1) IN GENERAL.-It shall be a defense to a 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 dis ability has been demonstrated by the covered entity to 20 be both necessary and substantially related to the abil ity 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 HR 2273 IH 1 2 3 4 5 6 7 8 9 10 11 12 13 11 applicable reasonable accommodations, modifications, or the provision of auxiliary aids or services. (2) QUALIFICATION STANDARDS.-The term "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 the workplace or program; and (B) requiring that an individual with a currently contagious disease or infection not pose a direct threat to the health or safety of other individuals in the workplace or program. TITLE II-EMPLOYMENT (1) COMMISSION.-The means the Equal Employment Opportunity Commis sion 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 HR 2273 IH |