1 2 3 4 5 6 བ 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 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 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 19 DISABILITY. 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, RAIL 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 18 tion, or any other new fixed route vehicle to be used for public transportation and for which a solicitation by such individual or entity is made later than 30 days after the date of enactment of this Act, if such bus, rail, or other vehicle is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. (2) USED VEHICLES.-If an individual or entity purchases or leases a used vehicle after the date of enactment of this Act, such individual or entity shall make demonstrated good faith efforts to purchase or lease a used vehicle that is readily accessible to and usable by individuals with disabilities, including individ uals who use wheelchairs. (3) REMANUFACTURED VEHICLES.-If an individual or entity remanufactures a vehicle, or purchases or leases a remanufactured vehicle, so as to extend its usable life for 5 years or more, the vehicle shall, to the maximum extent feasible, be readily accessible to and usable by individuals with disabilities, including individ 23 ROUTE PUBLIC TRANSPORTATION SYSTEM.-If an individ 24 ual or entity operates a fixed route public transportation 25 system to provide public transportation, it shall be considered HR 2273 SC 19 1 discrimination, for purposes of this Act and section 504 of the 2 Rehabilitation Act of 1973 (29 U.S.C. 794), for such individ3 ual or entity to fail to provide paratransit or other special 4 transportation services sufficient to provide a comparable 5 level of services as is provided to individuals using fixed route 6 public transportation to individuals with disabilities, including 7 individuals who use wheelchairs, who cannot otherwise use 8 fixed route public transportation and to other individuals as9 sociated with such individuals with disabilities in accordance 10 with service criteria established under regulations promul11 gated by the Secretary of Transportation. 12 (d) COMMUNITY OPERATING DEMAND RESPONSIVE 13 SYSTEMS FOR THE GENERAL PUBLIC.--If an individual or 14 entity operates a demand responsive system that is used to 15 provide public transportation for the general public, it shall 16 be considered discrimination, for purposes of this Act and 17 section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 18 794), for such individual or entity to purchase or lease a new 19 vehicle, for which a solicitation is made later than 30 days 20 after the date of enactment of this Act, that is not readily 21 accessible to and usable by individuals with disabilities, in22 cluding individuals who use wheelchairs unless the entity can 23 demonstrate that such system, when viewed in its entirety, 24 provides a level of service to individuals with disabilities 25 equivalent to that provided to the general public. ●HR 2273 SC |