Chapter 096
2009 -- S 0783 SUBSTITUTE A
Enacted 07/09/09
A N A C T
RELATING TO CRIMINAL OFFENSES - PERSONS WITH DISABILITIES
Introduced By: Senators McCaffrey, and Goodwin
Date Introduced: March 05, 2009
It is enacted by the
General Assembly as follows:
SECTION 1. Section 11-24-2.1 of the General Laws in Chapter
11-24 entitled "Hotels
And Public Places" is
hereby amended to read as follows:
11-24-2.1.
Discrimination based on disability, age, or sex prohibited. -- (a) Whenever
in this chapter there shall appear the words
"ancestral origin" there shall be inserted immediately
thereafter the words "disability, age, or sex".
(b)
"Disability" means a disability as defined in section 42-87-1.
any person who: (1) has
a physical or mental impairment which substantially
limits one or more major life activities; (2)
has a record of such an impairment; or (3) is regarded as
having such an impairment; and (4) is
otherwise qualified; provided, that whether a person has a disability
shall be determined without
regard to the availability or use of mitigating measures,
such as reasonable accommodations,
prosthetic devices, medications or auxiliary aids.
(c) The terms, as
used regarding persons with disabilities, "auxiliary aids and
services"
and "reasonable accommodation" have the same
meaning as those terms are defined in section
42-87-1.1. "Physical
or mental impairment" means any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems:
neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary;
hemic and lymphatic; skin; and
endocrine; or any mental psychological disorder, such as mental
retardation, organic brain
syndrome, emotional, or mental illness; and specific learning
disabilities.
(d) "Major
life activities" means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.
(e) "Has
a record of an impairment" means has a history
of, or has been misclassified as
having, a mental or physical impairment that substantially
limits one or more major life activities.
(f) "Regarded
as having an impairment" means has a physical or mental impairment that
does not substantially limit major life activities but
that is treated as constituting a limitation, has
a physical or mental impairment that substantially limits
major life activities only as a result of
the attitudes of those toward the impairment, or has none
of the impairments but is treated as
having an impairment.
(g) (d) "Otherwise qualified" means a disabled
person with a disability who meets the
essential eligibility requirements for participation in or
receipt of benefits from the program or
activity.
(h) (e) Any disabled persons person with a
disability shall be entitled to full and equal
access, as other members of the general public to all public
accommodations, subject to the
conditions and limitations established by law and applicable
alike to all persons.
(i)
(f) Every disabled person with a
disability who has a personal assistive animal or
who
obtains a personal assistive
animal, shall be entitled to full and equal access to all public
accommodations provided for in this chapter, and shall not be
required to pay extra compensation
for a personal assistive
animal, but shall be liable for any damage done to the premises by a
personal assistive animal.
(j) (g) Nothing in this section shall require any person
providing a place of public
accommodation to, in any way, incur any greater liability or
obligation, or provide a higher
degree of care for a disabled person with a
disability than for a person who is not disabled.
(k) (h) "Sexual orientation" means having or being
perceived as having an orientation for
heterosexuality, bisexuality, or homosexuality. This definition is
intended to describe the status of
persons and does not render lawful any conduct prohibited by
the criminal laws of this state nor
impose any duty on a religious organization. This definition
does not confer legislative approval
of that status, but is intended to assure the basic
human rights of persons to partake of public
accommodations, regardless of that status.
(l) (i) "Gender identity or
expression" includes a person's actual or perceived gender, as
well as a person's gender identity, gender-related self
image, gender-related appearance, or
gender-related expression, whether or not that gender identity,
gender-related self image, gender-
related appearance, or gender-related expression is different
from that traditionally associated
with the person's sex at birth.
SECTION 2. Section 23-27.3-100.1.4 of the General Laws in
Chapter 23-27.3 entitled
"
23-27.3-100.1.4.
Appointment and qualifications of the committee. --
(a) The building
code standards committee shall be composed of twenty-three
(23) members, residents of the state
who shall be appointed by the governor with the advice
and consent of the senate. Eight (8)
members are to be appointed for terms of one year each, seven
(7) for a term of two (2) years
each, and eight (8) for terms of three (3) years each.
Annually, thereafter, the governor, with the
advice and consent of the senate, shall appoint members to
the committee to succeed those whose
terms expired; the members to serve for terms of three (3)
years each and until their successors
are appointed and qualified. Two (2) members shall be
architects registered in the state; three (3)
shall be professional engineers registered in the state,
one specializing in mechanical, one
specializing in structural, and one specializing in electrical
engineering; one landscape architect,
registered in the state, one full-time certified electrical
inspector; two (2) shall be builders or
superintendents of building construction; one shall be a public
health official; one shall be a
qualified fire code official; two (2) shall be from the
shall be a holder of Class "A" electrician's
license; one shall be a master plumber; two (2) shall be
from the general public; three (3) shall be building
officials in office, one from a municipality
with a population of sixty thousand (60,000) persons or
more, one from a municipality with a
population of over twenty thousand (20,000) persons but less
than sixty thousand (60,000), and
one from a municipality with a population of less than
twenty thousand (20,000) persons; one
shall be a minimum housing official in office from one of
the local municipalities; and two (2)
residents of the state who shall be persons with disabilities
as defined in section 28-5-6(4) 42-87-
1.
(b) All members shall
have no less than five (5) years practical experience in his or her
profession or business. The committee shall elect its own
chairperson and may elect from among
its members such other officers as it deems necessary.
Twelve (12) members of the board shall
constitute a quorum and the vote of a majority vote of those
present shall be required for action.
The committee shall adopt rules and regulations for
procedure. The state building commissioner
shall serve as the executive secretary to the committee.
The committee shall have the power,
within the limits of appropriations provided therefor, to employ such assistance as may be
necessary to conduct business.
(c) Members of the
commission shall be removable by the governor pursuant to section
36-1-7 of the general laws and for cause only, and
removal solely for partisan or personal reasons
unrelated to capacity or fitness for the office shall be
unlawful.
(d) The state housing
and property maintenance code subcommittee shall be composed
of nine (9) members, residents of the state. Five (5) of
these members are to be current members
of the state building code standards committee and are
to be appointed by that committee. The
four (4) remaining members are to be appointed by the
governor, with the advice and consent of
the senate. The four (4) appointed by the governor, with
the advice and consent of the senate,
shall initially be appointed on a staggered term
basis, one for one year, one for two (2) years, and
two (2) for three (3) years. Annually thereafter, the
building code standards committee, and the
governor, with the advice and consent of the senate, shall
appoint the subcommittee members, for
which they are respectively responsible, to succeed those
whose terms have expired; the members
to serve for terms of three (3) years each and until
their successors are appointed and qualified. Of
the members appointed by the committee one shall be a
full-time certified electrical inspector;
one shall be a master plumber and mechanical equipment
expert, one shall be a builder or
superintendent of building construction, one member shall be a
qualified state fire code official,
one shall be a property manager, and one shall be a
current minimum housing official from a
local municipality. The four (4) members to be appointed by
the governor, with the advice and
consent of the senate, shall all be current minimum housing
officials from local municipalities.
One shall be from a municipality with a population of
sixty thousand (60,000) persons or more,
two (2) from municipalities with a population of over
twenty thousand (20,000) persons but less
than sixty thousand (60,000), and one from a municipality
with a population of less than twenty
thousand (20,000) persons.
SECTION 3. Section 28-5-6 of the General Laws in Chapter
28-5 entitled "Fair
Employment Practices"
is hereby amended to read as follows:
28-5-6.
Definitions. -- When used in this chapter:
(1) "Age"
means anyone who is at least forty (40) years of age.
(2) "Because of
sex" or "on the basis of sex" include, but are not limited to,
because of or
on the basis of pregnancy, childbirth, or related
medical conditions, and women affected by
pregnancy, childbirth, or related medical conditions shall be
treated the same for all employment
related purposes, including receipt of benefits under fringe
benefit programs, as other persons not
so affected but similar in their ability or inability to
work, and nothing in this chapter shall be
interpreted to permit otherwise.
(3)
"Commission" means the
this chapter.
(4)
"Disability" means a disability as defined in section 42-87-1.
any physical or mental
impairment which substantially limits one or more major life
activities, has a record of an
impairment, or is regarded as having an impairment by any
person, employer, labor organization
or employment agency subject to this chapter, and
includes any disability which is provided
protection under the Americans with Disabilities Act, 42 U.S.C.
section 12101 et seq. and federal
regulations pertaining to the act, 28 CFR 35 and 29 CFR 1630;
provided, that whether a person
has a disability shall be determined without regard to
the availability or use of mitigating
measures, such as reasonable accommodations, prosthetic
devices, medications or auxiliary aids.
As used in this subdivision, the phrase:
(i)
"Has a record of an impairment" means has a
history of, or has been misclassified as
having, a mental or physical impairment that substantially
limits one or more major life activities.
(ii) "Major
life activities" means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.
(iii) "Physical
or mental impairment" means any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems:
neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary;
hemic and lymphatic; skin; and
endocrine; or any mental or psychological disorder, such as
mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning
disabilities.
(iv) "Regarded
as having an impairment" means has a physical or
mental impairment
that does not substantially limit major life activities
but that is treated as constituting a limitation;
has a physical or mental impairment that substantially
limits major life activities only as a result
of the attitudes of others toward the impairment; or has
none of the impairments but is treated as
having such an impairment.
(5)
"Discriminate" includes segregate or separate.
(6)
"Employee" does not include any individual employed by his or her
parents, spouse,
or child, or in the domestic service of any person.
(7) (i) "Employer" includes
the state and all political subdivisions of the state and any
person in this state employing four (4) or more individuals,
and any person acting in the interest
of an employer directly or indirectly.
(ii) Nothing in this
subdivision shall be construed to apply to a religious corporation,
association, educational institution, or society with respect to
the employment of individuals of its
religion to perform work connected with the carrying on of its
activities.
(8) "Employment
agency" includes any person undertaking with or without
compensation to procure opportunities to work, or to procure,
recruit, refer, or place employees.
(9)
"Firefighter" means an employee the duties of whose position includes
work
connected with the control and extinguishment of fires or the
maintenance and use of firefighting
apparatus and equipment, including an employee engaged in this
activity who is transferred or
promoted to a supervisory or administrative position.
(10) "Gender
identity or expression" includes a person's actual or perceived gender, as
well as a person's gender identity, gender-related self
image, gender-related appearance, or
gender-related expression; whether or not that gender identity,
gender-related self image, gender-
related appearance, or gender-related expression is different
from that traditionally associated
with the person's sex at birth.
(11) "Labor
organization" includes any organization which exists for the purpose, in
whole or in part, of collective bargaining or of dealing
with employers concerning grievances,
terms or conditions of employment, or of other mutual aid
or protection in relation to
employment.
(12) "Law
enforcement officer" means an employee the duties of whose position
include
investigation, apprehension, or detention of individuals suspected
or convicted of offenses against
the criminal laws of the state, including an employee
engaged in such activity who is transferred
or promoted to a supervisory or administrative position.
For the purpose of this subdivision,
"detention"
includes the duties of employees assigned to guard individuals incarcerated in
any
penal institution.
(13) "Person"
includes one or more individuals, partnerships, associations, organizations,
corporations, legal representatives, trustees, trustees in
bankruptcy, or receivers.
(14)
"Religion" includes all aspects of religious observance and practice,
as well as
belief, unless an employer, union or employment agency
demonstrates that it is unable to
reasonably accommodate to an employee's or prospective
employee's or union member's religious
observance or practice without undue hardship on the conduct of
its business.
(15) "Sexual orientation"
means having or being perceived as having an orientation for
heterosexuality, bisexuality, or homosexuality. This definition is
intended to describe the status of
persons and does not render lawful any conduct prohibited by
the criminal laws of this state nor
impose any duty on a religious organization. This definition
does not confer legislative approval
of that status, but is intended to assure the basic
human rights of persons to obtain and hold
employment, regardless of that status.
(16) The terms, as
used regarding persons with disabilities:
(i)
"Auxiliary aids and services" and "reasonable
accommodation" shall have the same
meaning as those items are defined in section 42-87-1.1; and
(ii)
"Hardship" means an "undue hardship" as defined in section
42-87-1.1.
SECTION 4. Section 34-37-3 of the General Laws in Chapter
34-37 entitled "Rhode
34-37-3.
Definitions. -- When used in this chapter:
(1) "Age"
means anyone over the age of eighteen (18).
(2)
"Commission" means the
section 28-5-8.
(3)
"Discriminate" includes segregate, separate, or otherwise
differentiate between or
among individuals because of race, color, religion, sex,
sexual orientation, gender identity or
expression, marital status, country of ancestral origin,
disability, age, or familial status or because
of the race, color, religion, sex, sexual orientation,
gender identity or expression, marital status,
country of ancestral origin, disability, age or familial
status of any person with whom they are or
may wish to be associated.
(4) (i) "Familial status"
means one or more individuals who have not attained the age of
eighteen (18) years being domiciled with:
(A) A parent or another
person having legal custody of the individual or individuals; or
(B) The designee of the
parent or other person having the custody, with the written
permission of the parent or other person provided that if the
individual is not a relative or legal
dependent of the designee, that the individual shall have been
domiciled with the designee for at
least six (6) months.
(ii) 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.
(5) (i) "Disability"
means a disability as defined in section 42-87-1. any
person who:
(A) Has a physical
or mental impairment which substantially limits one or more major
life activities,
(B) Has a record of
such an impairment, or
(C) Is regarded as having
such an impairment, and
(D) Is otherwise qualified;
(ii)
Provided, however, that whether a person has a disability shall be determined
without
regard to the availability or use of mitigating measures,
such as reasonable accommodations,
prosthetic devices, medications or auxiliary aids;
(iii) Provided
further that the term "disability" does not include current, illegal
use of or
addiction to a controlled substance, as defined in 21 U.S.C.
section 802.
(6) "Has a
record of an impairment" means has a history of,
or has been misclassified as
having, a mental or physical impairment that substantially
limits one or more major life activities.
The terms, as used regarding persons with
disabilities, "auxiliary aids and services," "reasonable
accommodation," and "reasonable modifications" have
the same meaning as those terms are
defined in section 42-87-1.1.
(7) "Housing
accommodation" includes any building or structure or portion of any
building or structure, or any parcel of land, developed or
undeveloped, which is occupied or is
intended, designed, or arranged to be occupied, or to be
developed for occupancy, as the home or
residence of one or more persons.
(8) [Deleted by P.L.
1997, ch. 150, section 8.]
(9) "Major life
activities" means functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing,
learning, and working.
(10) "Otherwise
qualified" includes any person with a disability who with respect to the
rental of property, personally or with assistance arranged
by the person with a disability, is
capable of performing all the responsibilities of a tenant as
contained in section 34-18-24.
(11) "Owner"
includes any person having the right to sell, rent, lease, or manage a
housing accommodation.
(12) "Person"
includes one or more individuals, partnerships, associations, organizations,
corporations, labor organizations, mutual companies, joint stock
companies, trusts, receivers,
legal representatives, trustees, other fiduciaries, or real
estate brokers or real estate salespersons
as defined in chapter 20.5 of title 5.
(13) "Physical
or mental impairment" means any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems:
neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive, digestive; genito-urinary;
hemic and lymphatic; skin; and
endocrine; or any mental or psychological disorder, such as
mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning
disabilities.
(14) "Regarded
as having an impairment" means has a physical or
mental impairment
that does not substantially limit major life activities
but that is treated as constituting a limitation;
has a physical or mental impairment that substantially
limits major life activities only as a result
of the attitudes of those toward the impairment; or has
none of the impairments but is treated as
having an impairment.
(15) "Senior
citizen" means a person sixty-two (62) years of age or older.
(16) The term
"sexual orientation" means having or being perceived as having an
orientation for heterosexuality, bisexuality, or homosexuality.
This definition is intended to
describe the status of persons and does not render lawful any
conduct prohibited by the criminal
laws of this state nor impose any duty on a religious
organization. This definition does not confer
legislative approval of said status, but is intended to assure
the basic human rights of persons to
hold and convey property and to give and obtain credit,
regardless of such status.
(17) The term
"gender identity or expression" includes a person's actual or
perceived
gender, as well as a person's gender identity,
gender-related self image, gender-related
appearance, or gender-related expression; whether or not that
gender identity, gender-related self
image, gender-related appearance, or gender-related
expression is different from that traditionally
associated with the person's sex at birth.
(18) The term
"domestic abuse" for the purposes of this chapter shall have the same
meaning as that set forth in section 15-15-1, and include all
forms of domestic violence as set
forth in section 12-29-2, except that the domestic abuse
need not involve a minor or parties with
minor children.
(19) The term
"victim" means a family or household member and all other persons
contained within the definition of those terms as defined in
section 12-29-2.
SECTION 5. Section 40-9.1-1.1 of the General Laws in Chapter
40-9.1 entitled "Equal
Rights of Blind and Deaf
Persons to Public Facilities" is hereby amended to read as follows:
40-9.1-1.1.
Definitions. -- (a) "Guide dog" means a
dog that has been or is being
specially trained to aid a particular blind or visually
impaired person.
(b) "Hearing
dog" means a dog that has been or is being specially trained to aid a
particular deaf or hard-of-hearing person.
(c) "Housing
accommodations" means any real property or portion thereof that is used or
occupied, or intended, arranged or designed to be used or
occupied, as the home, residence or
sleeping place of one or more human beings, but does not
include any single-family residence the
occupants of which rent, lease or furnish for compensation to
more than one room therein.
(d) "Personal
assistance animal" means a dog that has been or is being trained as a
guide
dog, hearing dog or service dog.
(e) "Service
dog" means a dog that has been or is being specially trained to aid a
particular disabled person with a disability other than sight or
hearing.
(f)
"Disabled" means a disability as defined in section 42-87-1.
SECTION 6. Section 42-51-9 of the General Laws in Chapter
42-51 entitled "Governor's
Commission on
Disabilities" is hereby amended to read as follows:
42-51-9.
Definitions. -- The following words and terms,
unless the context clearly
indicates a different meaning, shall have the following
meanings:
(1) "Disability"
means a disability as defined in section 42-87-1. "People with
disabilities" or "individuals with disabilities"
means any person who:
(i)
Has a physical or mental impairment that substantially limits one or more of
the
person's major life activities;
(ii) Has a record of
that impairment; or
(iii) Is regarded as
having that impairment.
(2) "Federal and
state laws protecting the rights of individuals with disabilities" means,
but is not limited to, the Americans with Disabilities
Act of 1990, 42 U.S.C. section 12101 et
seq.; Title V of the Rehabilitation Act of 1973, 29 U.S.C.
section 794; R.I. Const., art. I, section
2; the provisions of chapter 87 of
title 42 and sections 23-6-22, 37-8-15, 37-8-15.1 and 42-46-13.
(3) "State
agency" means any department, division, agency, commission, board, office,
bureau, council, or authority, either branch of the
or any committee thereof, or any other agency that is in
any branch of
government and which exercises governmental functions.
(4) "Coordinating
compliance" means the authority to:
(i)
Issue guidelines, directives, or instructions that are necessary to effectuate
compliance
with federal and state laws protecting the rights of
individuals with disabilities;
(ii) Establish a
grievance procedure to promptly and equitably resolve complaints of
noncompliance with federal and state laws protecting the rights of
individuals with disabilities
involving state agencies, including the power to investigate
possible discrimination and eliminate
unlawful practices by informal methods of conference,
conciliation, and persuasion;
(iii) Initiate
complaints against any state agency that willfully fails to comply with
federal and state laws protecting the rights of individuals
with disabilities to the appropriate state
or federal agency; and
(iv)
Develop, make periodic revisions to, and oversee the implementation of a
transition
plan for the removal of environmental and communication
barriers in state-owned facilities.
(5) "Providing
technical assistance to public and private agencies, businesses, and
citizens on complying with federal and state laws protecting
the rights of individuals with
disabilities" means information dissemination and training
designed to encourage the voluntary
compliance with laws protecting the rights of individuals with
disabilities; conducting disability
accessibility surveys and providing advice on how to overcome any
barriers to accessibility; and a
mediation service to assist parties who voluntarily chose to
utilize that service to resolve
allegations of discrimination on the basis of disability.
(6) "Promoting on
behalf of the people with disabilities and assuring, on behalf of the
state, that people with disabilities are afforded the opportunities
to exercise all of the rights and
responsibilities accorded to citizens of this state" means the
authority to act and appear on behalf
of the people with disabilities to present evidence and
make arguments before any federal, state or
local agency or public body regarding matters pending
before that agency or public body that
may have an adverse effect on persons with disabilities.
SECTION 7. Section 42-87-1 of the General Laws in Chapter
42-87 entitled "Civil
Rights of People with Disabilities"
is hereby amended to read as follows:
42-87-1.
Definitions. – Definitions
of disability. -- As used in this chapter:
(1)
"Disability" means, with respect to an individual:
(i)
A physical or mental impairment that substantially limits one or more of the
major life
activities of such individual;
(ii) A record of such
impairment; or
(iii) Being regarded
as having such an impairment (as described in paragraph (4));
(iv)
Includes any disability which is provided protection under the
Americans with
Disabilities Act, 42 U.S.C. section 12101 et seq. and
federal regulation pertaining to the act, 28
C.F.R. 35 and 29 C.F.R. 1630.
(v) Nothing in this
chapter alters the standards for determining eligibility for benefits
under workers' compensation laws or under state disability
benefit programs.
any
impairment as defined in subdivision (8); provided, however, that whether a
person
has a disability shall be determined without regard to
the availability or use of mitigating
measures, such as reasonable accommodations, prosthetic
devices, medications or auxiliary aids.
(2) "Discrimination"
includes those acts prohibited on the basis of race by 42 U.S.C.
sections 1981, 1983 and those on the basis of disability by 29
U.S.C. section 794, and those on
the basis of disability by 42 U.S.C. section 12101 et
seq., and those on the basis of disability by
chapter 5 of title 28.
(3) "Has a
record of an impairment" means has a history of
or has been misclassified as
having a physical or mental impairment that substantially
limits one or more major life activities.
(4) "Is
regarded "Regarded as having such an impairment" for
purposes of paragraph
(1)(iii) means:
(i)
Has a physical or mental impairment that does not substantially limit major
life
activities but that is treated as constituting a limitation; or 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 chapter
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.
(ii) Has a physical
or mental impairment that substantially limits major life activities
only as a result of the attitudes of others toward the
impairment; or Paragraph (1)(iii)
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.
(iii) Has none of
the impairments defined in subdivision (8) of this section but is treated
as having an impairment.
(5) "Major life
activities" means functions such as include, but are not limited
to, caring
for one's self oneself, performing manual
tasks, walking, seeing, hearing, eating, sleeping,
walking, standing, lifting, bending, speaking, breathing, learning, reading,
concentrating,
thinking, communicating
and working. A major life activity also includes 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.
(6) "Otherwise
qualified" "Qualified individual" means:
(i)
With respect to employment, a person with a disability who, with or
without
reasonable accommodations, can perform the essential functions
of the job in question
employment position that such individual holds or desires. For
the purposes of this chapter, due
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;
(ii) With respect to
the rental of property, a person with a disability who, personally or
with assistance arranged by the person with a disability,
is capable of performing all of the
responsibilities of a tenant as contained in section 34-18-24;
(iii) With respect to any
other program or activity, a person with a disability who, with or
without reasonable modifications to rules, policies, or
practices, the removal of architectural,
communication, or transportation barriers, or the provision of
auxiliary aids and services, meets
the essential eligibility requirements for participation
in, or the receipt of, services or benefits
from, or the participation in the program or activity; and
(iv) The fact that an
individual has applied for, received or continues to receive
private
insurance or government assistance based upon his or her
disability shall not be determinative as
to whether the individual is otherwise qualified
as defined herein, nor shall it constitute an
estoppel or otherwise serve as a basis to deny the individual
the protections of this chapter.; and
(v) A qualified
individual with a disability shall not include any employee or applicant
who is currently engaging in the illegal use of drugs,
when the covered entity acts on the basis of
such use.
(A) In general. --The
term "illegal use of drugs" means the use of drugs, the possession or
distribution of which is unlawful under the controlled substances
act (21 U.S.C. 812). Such term
does not include the use of a drug taken under supervision
by a licensed health care professional,
or other uses authorized by the controlled substances
act or other provisions of federal law.
(B) Drugs.--The term
"drug" means a controlled substance, as defined in schedules I
through V of section 202 of the controlled substances act.
(7) "Person with
a disability" means any person who:
(i)
Has a physical or mental impairment which substantially limits one or more
major life
activities; or
(ii) Has a record of
an impairment; or
(iii) Is regarded as
having an impairment.
(8) "Physical
or mental impairment" means any physiological disorder or condition,
cosmetic disfigurement, or anatomical loss affecting one or
more of the following body systems:
neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary;
hemic and lymphatic; skin; and
endocrine; or any mental or psychological disorder such as
mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning
disabilities.
(7)
"Substantially limits" includes:
(i)
An impairment that substantially limits one major life activity but need not
limit other
major life activities in order to be considered a
disability.
(ii) An impairment
that is episodic or in remission is a disability if it would substantially
limit a major life activity when active.
(iii)(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:
(I) Medication,
medical supplies, equipment, or appliance, 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;
(II) Use of assistive technology;
(III) Reasonable
accommodations or auxiliary aids or services; or
(IV) 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.
(8) As used in
subparagraph (7)(iii)(A)(I):
(i)
The term "ordinary eyeglasses or contact lenses" means lenses that
are intended to
fully correct visual acuity or eliminate refractive error;
and
(ii) The term
"low-vision devices" means devices that magnify, enhance, or
otherwise
augment a visual image.
SECTION 8. Chapter 42-87 of the General Laws entitled
"Civil Rights of People with
Disabilities" is
hereby amended by adding thereto the following sections:
42-87-1.1. Other
definitions. -- As used in this chapter:
(1) "Auxiliary
aids and services" includes:
(i)
Qualified interpreters or other effective methods of making aurally delivered materials
available to individuals with hearing impairments;
(ii) Qualified
readers, taped texts, or other effective methods of making visually delivered
materials available to individuals with visual impairments;
(iii) Acquisition or
modification of equipment or devices; and
(iv)
Other similar services and actions.
(2)
"Discrimination":
(i)
Includes those acts prohibited on the basis of race by 42 U.S.C. sections 1981,
1983
and those on the basis of disability by 29 U.S.C. section
794, and those on the basis of disability
by 42 U.S.C. section 12101 et seq., and those on the
basis of disability by chapter 5 of title 28.
(ii) Nothing in this
chapter shall provide the basis for a claim by an individual without a
disability that the individual was subject to discrimination
because of the individual's lack of
disability.
(3) "Readily
achievable" means 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:
(i)
The nature and cost of the action needed under this chapter;
(ii) The overall
financial resources of the facility or facilities involved in the action; the
number of persons employed at such facility; the effect on
expenses and resources, or the impact
otherwise of such action upon the operation of the facility;
(iii) 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; the number, type, and location of
its facilities; and
(iv)
The type of operation or operations of the covered entity,
including the composition,
structure, and functions of the workforce of such entity; the
geographic separateness,
administrative or fiscal relationship of the facility or facilities
in question to the covered entity.
(4) "Reasonable
accommodation" may include:
(i)
Making existing facilities used by employees readily accessible to and usable
by
individuals with disabilities; and
(ii) 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.
(iii) Nothing in this
chapter shall be construed to require an individual with a disability to
accept an accommodation, aid, service, opportunity, or
benefit which such individual chooses not
to accept.
(iv)
An employer, state or local government agency and any person who
owns, leases (or
leases to), or operates a place of public accommodation,
need not provide a reasonable
accommodation or a reasonable modification to policies, practices,
or procedures to an individual
who meets the definition of disability in subsection
42-87-1(1) solely under subparagraph (4) (iii).
(5) "Reasonable
modifications": (i) include modifications in
policies, practices, or
procedures when the modifications are necessary to avoid
discrimination on the basis of
disability, unless the covered entity can demonstrate that
making the modifications would
fundamentally alter the nature of the service, program, or
activity.
(ii) Nothing in this
chapter shall be construed to require an individual with a disability to
accept an accommodation, aid, service, opportunity, or
benefit which such individual chooses not
to accept.
(iii) Any person or
entity covered by section 42-87-2, need not provide a reasonable
modification to policies, practices, or procedures to an
individual who meets the definition of
disability in subsection 42-87-1(1) solely under subparagraph
(iii).
(iv)
Nothing in this chapter alters the provision, specifying that
reasonable modifications
in policies, practices, or procedures shall be required,
unless an entity can demonstrate that
making such modifications in policies, practices, or
procedures, including academic requirements
in postsecondary education, would fundamentally alter
the nature of the goods, services, facilities,
privileges, advantages, or accommodations involved.
(6) "Undue
hardship" means:
(i)
An action requiring significant difficulty or expense, when considered in light
of the
factors set forth in subparagraph (ii) herein.
(ii) 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 chapter;
(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; the number, type, and location of
its facilities; and
(D) The type of
operation or operations of the covered entity, including the composition,
structure, and functions of the workforce of such entity; the
geographic separateness,
administrative, or fiscal relationship of the facility or facilities
in question to the covered entity.
42-87-1.2.
Qualification standards. -- A covered entity
shall not use qualification
standards, employment tests, or other selection criteria based
on an individual's uncorrected
vision 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
consistent with business necessity.
SECTION 9. Section 42-112-1 of the General Laws in Chapter
42-112 entitled "The
Civil Rights Act of
1990" is hereby amended to read as follows:
42-112-1.
Discrimination prohibited. -- (a) All persons
within the state, regardless of
race, color, religion, sex, disability, age, or country of
ancestral origin, have, except as is
otherwise provided or permitted by law, the same rights to make
and enforce contracts, to inherit,
purchase, to lease, sell, hold, and convey real and personal
property, to sue, be parties, give
evidence, and to the full and equal benefit of all laws and
proceedings for the security of persons
and property, and are subject to like punishment, pains,
penalties, taxes, licenses, and exactions of
every kind, and to no other.
(b) For the purposes of
this section, the right to "make and enforce contracts, to inherit,
purchase, to lease, sell, hold, and convey real and personal
property" includes the making,
performance, modification and termination of contracts and rights
concerning real or personal
property, and the enjoyment of all benefits, terms, and
conditions of the contractual and other
relationships.
(c) Nothing contained
in this chapter shall be construed to affect chapter 14.1 of title 37,
chapter 5.1 of title 28 or any other remedial programs
designed to address past societal
discrimination.
(d) For the purposes of
this section, the terms "sex", "disability" and
"age" have the same
meaning as those terms are defined in section 28-5-6, the
state fair employment practices act. The
term "disability" has the same meaning as that
term is defined in section 42-87-1, and the terms,
as used regarding persons with disabilities,
"auxiliary aids and services," "readily achievable,"
"reasonable
accommodation," "reasonable modification," and "undue
hardship" shall have the
same meaning as those terms are defined in section
42-87-1.1.
SECTION 10. This act shall take effect upon passage.
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LC02112/SUB A
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