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When used in this title, the following terms shall have the meanings ascribed herein unless the context otherwise requires:
AUXILIARY AIDS AND SERVICES: A. Qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments.
B. Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments.
C. Acquisition or modification of equipment or devices.
D. Other similar services and actions.
COMMISSION: The Dubuque human rights commission created by chapter 2 of this title.
COURT: The Iowa district court in and for Dubuque County.
COVERED ENTITY: An employer, employment agency, labor organization, or joint labor management committee.
DIRECT THREAT: A significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
DISABILITY: With respect to an individual:
A. A physical or mental impairment that substantially limits one or more major life activities of such individual and the condition of a person with a positive human immunodeficiency virus test result, a diagnosis of acquired immune deficiency syndrome, a diagnosis of acquired immune deficiency syndrome related complex, or any other condition related to acquired immune deficiency syndrome. The inclusion of a condition related to a positive human immunodeficiency virus test results, in the meaning of "disability" under the provisions of this title, does not preclude the application of the provisions of this title to conditions resulting from other contagious or infectious diseases.
As described, major life activities:
1. Include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
2. Also include the operation of a major bodily function, including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
B. A record of such an impairment.
C. Being regarded as having such an impairment, as described:
1. An individual meets the requirement of being regarded as having such an impairment if the individual establishes that he or she has been subjected to an action prohibited under this title because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
2. This provision shall not apply to impairments that are transitory and minor. A "transitory impairment" is an impairment with an actual or expected duration of six (6) months or less.
D. The definition of "disability" shall be construed in accordance with the following:
1. In favor of broad coverage of individuals under this title, to the maximum extent permitted by the terms of this title.
2. "Substantially limits" shall be interpreted consistently with the findings and purposes of the ADA amendments act of 2008.
3. An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.
4. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
5. a. The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as:
(1) Medication, medical supplies, equipment, appliances, low vision devices (which do not include ordinary eyeglasses or contact lenses), prosthetics including limbs and devices, hearing aids and cochlear implants or other implantable hearing devices, mobility devices, or oxygen therapy equipment and supplies.
(2) Use of assistive technology.
(3) Reasonable accommodations or auxiliary aids or services.
(4) Learned behavioral or adaptive neurological modifications.
b. The ameliorative effects of the mitigating measures of ordinary eyeglasses or contact lenses shall be considered in determining whether an impairment substantially limits a major life activity.
c. As used in this section:
(1) "Ordinary eyeglasses" or "contact lenses" means lenses that are intended to fully correct visual acuity or eliminate refractive error.
(2) "Low vision devices" means devices that magnify, enhance, or otherwise augment a visual image.
DRUG: A controlled substance, as defined in the code of Iowa.
EMPLOYEE: An individual employed by an employer.
EMPLOYER: The state or any political subdivision, board, commission, department, institution, or school district thereof, and every other person employing employees within the state.
EMPLOYMENT AGENCY: Any person undertaking to procure employees or opportunities to work for any other person or any person holding such person or itself to be equipped to do so.
FAMILIAL STATUS: A. One or more individuals who have not attained the age of eighteen (18) years being domiciled with:
1. A parent or other person having legal custody of such individual or individuals.
2. The designee of such parent or other person having such custody, with the written permission of such parent or other person.
B. The protections afforded against discrimination on the basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen (18) years.
GENDER IDENTITY: A gender related identity of a person, regardless of the person's assigned sex at birth.
LABOR ORGANIZATION: Any organization which exists for the purpose, in whole or in part, of collective bargaining, dealing with employees concerning grievances, terms, or conditions of employment, or other mutual aid or protection in connection with employment.
PERSON: An individual, partnership, association, corporation, legal representative, trustee, receiver, any other legal entity, and the state and all political subdivisions and agencies thereof.
PUBLIC ACCOMMODATION: A. Each and every place, establishment, or facility of whatever kind, nature, or class that caters or offers services, facilities, or goods for a fee or charge to nonmembers of any organization or association utilizing the place, establishment, or facility; provided, that any place, establishment, or facility that caters or offers services, facilities, or goods to the nonmembers gratuitously shall be deemed a "public accommodation", if the accommodation receives any governmental support or subsidy.
B. "Public accommodation" shall not mean any bona fide private club or other place, establishment, or facility which is by its nature distinctly private, except when such distinctly private place, establishment, or facility caters or offers services, facilities, or goods to the nonmembers for a fee or charge or gratuitously, it shall be deemed a "public accommodation" during such period.
C. "Public accommodation" includes each state and local government unit or tax supported district of whatever kind, nature, or class that offers services, facilities, benefits, grants, or goods to the public, gratuitously or otherwise. This definition shall not be construed by negative implication or otherwise to restrict any part or portion of the preexisting definition.
QUALIFIED INDIVIDUAL WITH A DISABILITY: With respect to chapter 3, article A of this title, 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. For the purposes of this title, consideration shall be given to the employer's judgment as to what functions of a job are essential and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
READILY ACHIEVABLE: Easily accomplishable and able to be carried out without much difficulty or expense. In determining whether an action is readily achievable, factors to be considered include:
A. The nature and cost of the action needed under this title.
B. The overall financial resources of the facility or facilities involved in the action, the number of persons employed at such facility, and the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility.
C. The overall financial resources of the covered entity; the overall size of the business of a covered entity with respect to the number of its employees, and the number, type and location of its facilities.
D. The type of operation or operations of the covered entity, including the composition, structure, and functions of the work force of such entity and the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.
REASONABLE ACCOMMODATION: A. Making existing facilities used by employees readily accessible to and usable by individuals with disabilities.
B. Job restructuring, part time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
SEXUAL ORIENTATION: A person's actual, history of, or perceived heterosexuality, homosexuality, or bisexuality but not including participation in conduct that is prohibited by law.
STATE: Each of the several states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.
UNDUE HARDSHIP: An action requiring significant difficulty or expense. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include:
A. The nature and cost of the accommodation needed under this title.
B. The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility.
C. The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of its employees, and the number, type, and location of its facilities.
D. The type of operation or operations of the covered entity including the composition, structure, and functions of the work force of such entity and the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.
UNFAIR PRACTICE OR DISCRIMINATORY PRACTICE: Those practices specified as unfair or discriminatory in chapters 3 and 5 of this title. (Ord. 18-09, 4-6-2009)