12 State by the qualified voters thereof, or any individual chosen by such officer to be on such offi cer'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 include employees subject to the civil service laws of a State government, governmental agency or political subdivision. (3) EMPLOYER.— (A) IN GENERAL.-The term "employer" 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 weeks in the current or preceding calendar year, and any agent of such a person. (B) EXCEPTIONS.-The term "employer" does not include (i) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe; or (ii) a bona fide private membership club (other than a labor organization) that is HR 2273 II 1 2 3 4 5 6 7 8 9 10 11 12 13 13 exempt from taxation under section 501(c) of the Internal Revenue Code of 1986. (4) PERSON, ETC.-The terms "person", "labor organization", "employment agency", "commerce", and "industry affecting commerce", shall have the same meaning given such terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). (5) QUALIFIED INDIVIDUAL WITH A DISABILITY.-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 such individual holds or desires. 14 SEC. 202. DISCRIMINATION. 15 (a) GENERAL RULE.-No employer, employment 16 agency, labor organization, or joint labor-management com17 mittee shall discriminate against any qualified individual with 18 a disability because of such individual's disability in regard to 19 job application procedures, the hiring or discharge of employ20 ees, employee compensation, advancement, job training, and 21 other terms, conditions, and privileges of employment. 22 (b) CONSTRUCTION.-As used in subsection (a), the 23 term "discrimination" includes 24 25 (1) the failure by an employer, employment agency, labor organization, or joint labor-management ●HR 2273 IH 14 committee to make reasonable accommodations to the known physical or mental limitations of a qualified in dividual with a disability who is an applicant or em ployee unless such entity can demonstrate that the ac commodation would impose an undue hardship on the operation of its business; (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 need of the individual for reasonable accommodation; and (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 individuals with disabilities, unless such standards, tests or criteria can be shown by such entity to be necessary and substantially related to the ability of an individual to perform the essential functions of the particular employment position. HR 2273 IH 1 SEC. 203. POSTING NOTICES. 2 15 Every employer, employment agency, labor organiza 3 tion, or joint labor-management committee covered under 4 this title shall post notices in an accessible format to appli5 cants, employees, and members describing the applicable pro6 visions of this Act, in the manner prescribed by section 711 7 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-10). 8 SEC. 204. REGULATIONS. 9 Not later than 180 days after the date of enactment of 10 this Act, the Commission shall issue regulations in an acces11 sible format to carry out this title in accordance with sub12 chapter II of chapter 5 of title 5, United States Code. 13 SEC. 205. ENFORCEMENT. 14 The remedies and procedures set forth in sections 706, 15 709, and 710 of the Civil Rights Act of 1964 (42 U.S.C. 16 2000e-5, 2000e-8, and 2000e-9), and the remedies and pro17 cedures available under section 1981 of the Revised Statutes 18 (42 U.S.C. 1981) shall be available, with respect to any indi19 vidual who believes that he or she is being or about to be 20 subjected to discrimination on the basis of disability in viola21 tion of any provisions of this Act, or regulations promulgated 22 under section 204, concerning employment. HR 2273 IH 1 16 TITLE III-PUBLIC SERVICES 2 SEC. 301. DEFINITION OF QUALIFIED INDIVIDUAL WITH A 4 As used in this title, the term "qualified individual with 5 a disability" means an individual with a disability who, with 6 or without reasonable modifications to rules, policies and 7 practices, the removal of architectural, communication, and 8 transportation barriers, or the provision of auxiliary aids and 9 services, meets the essential eligibility requirements for the 10 receipt of services or the participation in programs or activi11 ties provided by a State or agency or political subdivision of a 12 State or board, commission or other instrumentality of a 13 State and political subdivision. 14 SEC. 302. DISCRIMINATION. 15 No qualified individual with a disability shall, by reason 16 of his or her disability, be excluded from the participation in, 17 be denied the benefits of, or be subjected to discrimination by 18 a State, or agency or political subdivision of a State or board, 19 commission, or other instrumentality of a State and political 20 subdivision. 21 SEC. 303. ACTIONS APPLICABLE TO PUBLIC TRANSPORTATION 22 23 CONSIDERED DISCRIMINATORY. (a) DEFINITION.-As used in this title, the term "public 24 transportation" means transportation by bus or rail, or by 25 any other conveyance (other than air travel) that provides the ●HR 2273 [H |