"Discriminate" defined
Sec. 7. As used in this chapter, "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 screen 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.
(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.
As added by P.L.111-1992, SEC.4.
Last modified: May 27, 2006