For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DISCRIMINATE. Includes the following:
(1) Limiting, segregating or classifying a job applicant or an employee in a way that adversely affects the opportunities or status of the applicant or employee because of the disability of the applicant or employee;
(2) Participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity’s qualified applicant or employee with a disability to the discrimination prohibited by this chapter. Such relationship includes a relationship with:
(a) An employment or a referral agency;
(b) A labor union;
(c) An organization providing fringe benefits to an employee of the covered entity; or
(d) An organization providing training and apprenticeship programs.
(3) Utilizing standards, criteria or methods of administration:
(a) That have the effect of discrimination on the basis of disability; or
(b) That perpetuate the discrimination of others who are subject to common administrative control.
(4) Excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or an association;
(5) Not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee unless the covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the covered entity;
(6) Denying employment opportunities to a job applicant or an employee who is an otherwise qualified individual with a disability if that denial is based on the need of the covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;
(7) Using qualification standards, employment tests or other selection criteria that screens out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job related for the position in question and is consistent with business necessity; and
(8) Failing to select and administer tests concerning employment in the most effective manner to ensure that when the test is administered to a job applicant or an employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills, aptitude or other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual or speaking skills of the employee or applicant, except where those skills are the factors that the test purports to measure.
DISCRIMINATION. No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment.
DRUG. A controlled substance (as defined in Schedules I through V of § 202 of the Controlled Substances Act 21 U.S.C. § 812).
EMPLOYEE. An individual employed by an employer.
EMPLOYER. (As used in this subchapter regarding employment discrimination-disabled persons). A person engaged in an industry affecting commerce that has at least 15 employees for each working day in each of at least 20 calendar weeks in the current or preceding year and an agent of the person. The term EMPLOYER does not include any of the following:
(1) The United States, a corporation wholly owned by the government of the United States or an Indian tribe; and
(2) A bona fide private membership club other than a labor organization that is exempt from taxation under § 501 (c) of the Internal Revenue Code.
INDUSTRY AFFECTING COMMERCE. Has the meaning set forth in § 701 of the Civil Rights Act of 1964 (42 U.S.C. § 2000e).
LABOR ORGANIZATION. Has the meaning set forth in § 701 of the Civil Rights Act of 1964 (42 U.S.C. § 2000e).
PERSON. Has the meaning set forth in § 701 of the Civil Rights Act of 1964 (42 U.S.C. § 2000e).
QUALIFIED INDIVIDUAL WITH A DISABILITY. An individual with a disability, who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires. For the purposes of this subchapter, 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 the description shall be considered evidence of the essential functions of the job.
REASONABLE ACCOMMODATION. May include the following:
(1) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
(2) 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.
UNDUE HARDSHIP. An action requiring significant difficulty or expense when considered in light of the factors set forth below:
(1) The nature and cost of the accommodation needed under this section;
(2) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation;
(3) The number of persons employed at the facility or facilities;
(4) The effect on expenses and resources;
(5) Impact otherwise of the accommodation upon the operation of the facility or facilities;
(6) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type and location of facilities; or
(7) The type of operation or operations of the covered entity, including the composition, structure, and functions of the work force of the entity, and the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity.
(1979 Code, § 35.15) (Ord. 4235, passed 1-8-1996)