§ 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. §§ 1981, 1983 and those on the basis of disability by 29 U.S.C. § 794, and those on the basis of disability by 42 U.S.C. § 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 that 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 § 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 that such individual
chooses not to accept.
(iii) Any person or entity covered by § 42-87-2, need not provide a reasonable modification to policies, practices, or procedures
to an individual who meets the definition of disability in § 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 subsection (6)(ii) of this section.
(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.