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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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(1) SERVICES, PROGRAMS, ACTIVITIES, BENE

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FITS, JOBS, OR OTHER OPPORTUNITIES.-Subject to

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the standards and procedures established in titles II

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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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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 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

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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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(F) Denying the opportunity to participate as a member of boards or commissions.

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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

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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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(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

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

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HR 2273 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 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 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

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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

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(B) requiring that an individual with a currently contagious disease or infection not pose a

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direct threat to the health or safety of other indi

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means the Equal Employment Opportunity Commission established by section 705 of the Civil Rights Act

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of 1964 (42 U.S.C. 2000e-4).

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(2) EMPLOYEE.

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(A) IN GENERAL.—The term "employee"

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means an individual employed by an employer.

(B) EXCEPTION.—The term "employee" shall not include any individual elected to public

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office in any State or political subdivision of any

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State by the qualified voters thereof, or any

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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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making level or an immediate adviser with respect to the exercise of the constitutional or legal

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