(A)
Definitions.
(1)
Disability under the ADA is defined as:
(a) a
physical or mental impairment which substantially limits one or more major life
activities of an individual;
(b) a
record of having such impairment; or
(c) being regarded as having such impairment.
Disability does not include
psychoactive substance abuse disorder resulting from current illegal use of
drugs.
(2) A
qualified individual with a disability is an individual who meets the essential
eligibility requirements for the receipt of services or participation in
programs or activities provided by the Department with or without:
(a) reasonable modifications to rules,
policies, or practices;
(b) the
removal of architectural, communication, or transportation barriers;
and/or
(c) the provision of
auxiliary aids and services.
An individual who poses a direct threat to the health and
safety of others is not a qualified individual. An individual who is currently
engaging in the illegal use of drugs when the Department acts on the a basis of
such use is not a qualified individual.
(3)
Physical or Mental
Impairment means:
(a) 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, genitourinary, hemic and lymphatic,
skin and endocrine; and
(b) Any
mental or psychological disorder such as mental retardation, organic brain
syndrome, emotional, or mental illness and specific learning
disabilities.
(4) Major
life activities include functions such as caring for one's self, performing
manual tasks, walking, seeing, hearing, speaking, breathing, learning and
working.
(B) No
qualified individual with a disability shall, on the basis of disability, be
excluded from participation in or be denied the benefits of the services,
programs, or activities of the Department, or be subjected to discrimination by
the Department.
(C) The Department,
in providing any aid, benefit, or service, may not, directly or through
contractual, licensing, or other arrangements on the basis of disability:
(1) Deny a qualified individual with a
disability the opportunity to participate in or benefit from the aid, benefit,
or service;
(2) Afford a qualified
individual with a disability an opportunity to participate in or benefit from
the aid, benefit, or service that is not equal to that afforded
others;
(3) Provide a qualified
individual with a disability with an aid, benefit, or service that is not as
effective in affording equal opportunity to obtain the same result, to gain the
same benefit, or to reach the same level of achievement as that provided to
others;
(4) Provide different or
separate aids, benefits, or services to individuals with disabilities than is
provided to others unless such action is necessary to provide qualified
individuals with disabilities with aids, benefits, or services that are as
effective as those provided to others; and
(5) Otherwise limit a qualified individual
with a disability in the enjoyment of any right, privilege, advantage or
opportunity enjoyed by others receiving the aid, benefit or service.
(D) The Department shall make
reasonable modifications in policies, practices, or procedures when the
modifications are necessary to avoid discrimination on the basis of disability,
unless the Department can demonstrate that making the modifications would
fundamentally alter the nature of the service, program, or activity.
