45.03.010 Definitions

(a) "AUXILIARY AIDS AND SERVICES" includes:

(1) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(2) Qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;

(3) Acquisition or modification of equipment or devices; and

(4) other similar services and actions.

(b) "DISABILITY" means, with respect to an individual:

(1) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(2) a record of such an impairment and;

(3) being regarded as having such an impairment;

(c) "STATE" means each of the several States, (other U.S. territories) do not apply to this act however, the term "Tribe' means Turtle Mountain Band of Chippewa Indians.

(d) "COMMISSION" means the Equal Opportunity Commission established by section 705 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-4).

(e) "COVERED ENTITY" means an employer, employment agency, labor organization, or joint labor-management committee.

(f) "DIRECT THREAT" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

(g) "EMPLOYEE" means an individual employed by an employer.

(h) In general, the term "EMPLOYER" means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this title, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person.

(1) "employer" does not include TMBC0473-12-07 Resolution Has adopted changes and compliance to this section.

(2) the United States, a corporation wholly owned by the government of the United States, or an Indian Tribe; or

(3) a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501 (c) of the Internal Revenue Code of 1986.

(i) "PERSON", "LABOR ORGANIZATION", "EMPLOYMENT AGENCY", "COMMERCE", and "INDUSTRY AFFECTING COMMERCE", shall have the same meaning given such terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e).

(j) "QUALIFIED INDIVIDUAL WITH A DISABILITY" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of employment position that such individual holds or desires. For the purposes of this title, 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.

(k) "REASONABLE ACCOMMODATION" may include

(1) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and

(2) job restructuring, part-time, or modified work schedules, reassignment to a vacant position, acquisition or modifications of equipment or devices, appropriate adjustment or modifications of examinations, training materials or

(3) policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

(l) "UNDUE HARDSHIP" means an action requiring significant difficulty or expense, when considered in light of the factors set forth:

(1) Factors to be considered in determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include

(2) the nature and cost of the accommodation needed under this Act;

(3) 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 of otherwise of such accommodation upon the operation of the facility;

(4) 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

(5) 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.