Bill Text: NC H530 | 2011-2012 | Regular Session | Amended
Bill Title: Conforming Changes/Persons W/Disabilities Act
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Introduced - Dead) 2011-03-31 - Ref To Com On Judiciary Subcommittee A [H530 Detail]
Download: North_Carolina-2011-H530-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
H 1
HOUSE BILL 530*
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Short Title: Conforming Changes/Persons W/Disabilities Act. |
(Public) |
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Sponsors: |
Representatives Blackwell, Brisson, Earle, and Hurley (Primary Sponsors). For a complete list of Sponsors, see Bill Information on the NCGA Web Site. |
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Referred to: |
Judiciary Subcommittee A. |
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March 31, 2011
A BILL TO BE ENTITLED
AN ACT amending the north Carolina persons with disabilities protection act to conform with federal changes under the americans with disabilities act amendments act of 2008 (adaaa).
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 168A‑3 reads as rewritten:
"§ 168A‑3. Definitions.
As used in this Chapter, unless the context otherwise requires:
(1) "Covered governmental entity" means any State department, institution, agency, or any political subdivision of the State or any person that contracts with a State department, institution, agency, or political subdivision of the State for the delivery of public services, including, but not limited to, education, health, social services, recreation, and rehabilitation.
(1)(1a) "Disabling condition" means
any condition or characteristic that renders a person a person with a
disability.
(1a)(1b) "Discriminatory practice"
means any practice prohibited by this Chapter.
…
(7a) "Person with a disability" means any person who (i) has a physical or mental impairment which substantially limits one or more major life activities; (ii) has a record of such an impairment; or (iii) is regarded as having such an impairment. As used in this subdivision, the term:
a. "Physical or mental impairment" means (i)
any physiological disorder or abnormal condition, cosmetic disfigurement, or
anatomical loss, caused by bodily injury, birth defect or illness, affecting one
or more of the following body systems:a body system, including, but not
limited to, neurological; musculoskeletal; special sense organs;
respiratory, including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin; and endocrine; or (ii) any mental
disorder, such as mental retardation, organic brain syndrome, mental illness,
specific learning disabilities, and other developmental disabilities, but (iii)
excludes (A) sexual preferences; (B) active alcoholism or drug addiction or
abuse; and (C) any disorder, condition or disfigurement which is temporary in nature
nature, lasting six months or fewer, and leaving no residual
impairment. A disorder, condition, or disfigurement that is episodic or in
remission is a physical or mental impairment if it would substantially limit a
major life activity when active.
b. "Major life activities" means functions
such asfunctions, including, but not limited to, caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking, eating,
sleeping, lifting, bending, standing, 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, and
digestive, bowel, bladder, neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions.
c. "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits major life activities.
d. "Is regarded as having an impairment" means (i) has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation; (ii) has a physical or mental impairment that substantially limits major life activities because of the attitudes of others; or (iii) has none of the impairments defined in paragraph a. of this subdivision but is treated as having such an impairment.
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 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; (ii) use of assistive technology; (iii) reasonable accommodations or auxiliary aids or services; or (iv) learned behavioral or adaptive neurological modifications.
...
(10) "Reasonable accommodations" means:
…
b. With regard to a place of public accommodations,accommodations
and a covered governmental entity, making reasonable efforts to accommodate
the disabling conditions of a person with a disability, including, but not
limited to, making facilities accessible to and usable by persons with a
disability, redesigning equipment, provide providing auxiliary aids
and services needed to make aurally and visually delivered materials available,
as needed, to individuals with hearing or sight impairments, providing mechanical
aids or other assistance, or using alternative accessible locations, provided
that reasonable accommodations does not require efforts which would impose an
undue hardship on the entity involved.
…."
SECTION 2. G.S. 168A‑4 reads as rewritten:
"§ 168A‑4. Reasonable accommodation duties.
(a) A qualified person with a disability requesting a
reasonable accommodation must apprise the employer, employment agency, labor
organization, or place of public accommodation accommodation,
or covered governmental entity of his or her disabling condition, submit
any necessary medical documentation, make suggestions for such possible accommodations
as are known to such person with a disability, and cooperate in any ensuing
discussion and evaluation aimed at determining possible or feasible
accommodations.
(b) Once a qualified person with a disability has
requested an accommodation, or if a potential accommodation is obvious in the
circumstances, an employer, employment agency, labor organization or organization,
place of public accommodation accommodation, or covered
governmental entity shall investigate whether there are reasonable
accommodations that can be made and make reasonable accommodations as defined
in G.S. 168A‑3(10)."
SECTION 3. G.S. 168A‑7 reads as rewritten:
"§ 168A‑7. Discrimination in public service.
(a) It is a discriminatory practice for a State
department, institution, or agency, or any political subdivision of the State
or any person that contracts with the above for the delivery of public services
including but not limited to education, health, social services, recreation,
and rehabilitation,covered governmental entity to exclude a qualified
person with a disability from participation in or deny the benefits of
services, programs, or activities because of a disability or to refuse to
provide reasonable accommodations, including auxiliary aids and adaptations
services necessary for a known qualified person with a disability to
use or benefit from existing public services operated by such entity; provided
that the aids and adaptationsaccommodations do not impose an
undue hardship on the entity involved. This subsection includes equivalent
services provided via information technology.
(b) A State department, institution, or agency, any
political subdivision of the State, and any person that contracts with these
entities for the delivery of public servicescovered governmental entity
shall administer its services services, programs, and activities
in the most integrated setting appropriate to the needs of persons with
disabilities."
SECTION 4. G.S. 168A‑9 reads as rewritten:
"§ 168A‑9. Affirmative defenses.
Any employer may assert affirmative defenses in any action brought under this Chapter. This section shall not create any inference that an employment action which is not listed as an affirmative defense is therefore, by implication, a discriminatory practice, so long as the employment action is not otherwise prohibited by this Chapter. The following is a non‑exclusive list of affirmative defenses:
(1) The failure of the qualified person with a
disability to comply with or meet the employer's work rules and policies or
performance standards, absent a reasonable accommodation excusing
noncompliance, provided that such the person is not held to
rules or standards different from other employees without a disability
similarly employed;
(2) The excessive, willful or habitual tardiness or absence of a qualified person with a disability, absent a reasonable accommodation that allows for flexible working hours, provided that the standard used by the employer in determining whether such tardiness or absence is excessive is the same as that applied by the employer to employees without a disability similarly employed; or
(3) A bona fide seniority or merit system, or a system which measures earnings by quantity or quality of work or production, or differences in location of employment."
SECTION 5. G.S. 168A‑10 reads as rewritten:
"§ 168A‑10. Retaliation prohibited.
(a) No employer shall discharge, expel, refuse
to hire, or otherwise discriminate against any person or applicant for
employment, nor shall any employment agency discriminate against any person,
nor shall a labor organization discriminate against any member or applicant for
membership because such the person has opposed any practice made
a discriminatory practice by this Chapter or because he the person has
testified, assisted or participated in any manner in proceedings under this
Chapter.
(b) No entity or person covered under this Chapter shall retaliate against or coerce, intimidate, threaten, or interfere with a person who exercises rights under this Chapter or assists a person in exercising the person's rights under this Chapter."
SECTION 6. This act is effective when it becomes law.
