1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 13 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 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). ●HR 2273 SC 1 2 3 4 5 6 14 (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. 7 SEC. 202. DISCRIMINATION. 8 (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. 15 (b) CONSTRUCTION.-As used in subsection (a), the 16 term "discrimination" includes (1) the failure by an employer, employment agency, labor organization, or joint labor-management committee to make reasonable accommodations to the 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; HR 2273 SC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15 (2) the denial of employment opportunities by a covered employer, employment agency, labor organiza tion, or joint labor-management committee to an appli cant 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 indi viduals 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. 19 SEC. 203. POSTING NOTICES. 20 Every employer, employment agency, labor organiza 21 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). ●HR 2273 SC 16 1 SEC. 204. REGULATIONS. 2 Not later than 180 days after the date of enactment of 3 this Act, the Commission shall issue regulations in an acces 4 sible format to carry out this title in accordance with sub 5 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 2000e-5, 2000e-8, and 2000e−9), and the remedies and pro10 cedures available under section 1981 of the Revised Statutes 11 (42 U.S.C. 1981) shall be available, with respect to any indi12 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 18 DISABILITY. 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 HR 2273 SC 17 1 State or board, commission or other instrumentality of a 2 State and political subdivision. 3 SEC. 302. DISCRIMINATION. 4 No qualified individual with a disability shall, by reason 5 of his or her disability, be excluded from the participation in, 6 be denied the benefits of, or be subjected to discrimination by 7 a State, or agency or political subdivision of a State or board, 8 commission, or other instrumentality of a State and political 9 subdivision. 10 SEC. 303. ACTIONS APPLICABLE TO PUBLIC TRANSPORTATION 11 12 CONSIDERED DISCRIMINATORY. (a) DEFINITION.-As used in this title, the term "public 13 transportation" means transportation by bus or rail, or by 14 any other conveyance (other than air travel) that provides the 15 general public with general or special service (including char16 ter service) on a regular and continuing basis. (b) VEHICLES.— (1) NEW BUSES, BAIL VEHICLES, AND OTHER FIXED ROUTE VEHICLES.-It shall be considered discrimination for purposes of this Act and section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for an individual or entity to purchase or lease a new fixed route bus of any size, a new intercity rail vehicle, a new commuter rail vehicle, a new rapid rail vehicle, a new light rail vehicle to be used for public transporta |