§ 42-87-3 Discriminatory acts. – The discriminatory acts prohibited by § 42-87-2 include, but are notlimited to, the following activities:
(1) Notwithstanding any law to the contrary, no person orentity licensed or regulated by the state, or having received financialassistance from the state, or doing business within the state, shall:
(i) Deny an otherwise qualified person with a disability theopportunity to participate in or benefit from any aid, benefit or service;
(ii) Afford an otherwise qualified person with a disabilityan opportunity to participate in or benefit from any aid, benefit, or servicethat is not equal to that afforded others;
(iii) Provide an otherwise qualified person with a disabilitywith an aid, benefit, or service that is not as effective as that provided toothers;
(iv) Provide different or separate aid, benefits, or servicesto otherwise qualified persons with a disability or to any class of otherwisequalified persons with a disability unless that action is necessary to provideotherwise qualified persons with a disability with aid, benefits, or servicesthat are as effective as those provided to others;
(v) Aid or perpetuate discrimination against an otherwisequalified person with a disability by providing significant assistance to anagency, organization, or person that discriminates on the basis of disabilityin providing any aid, benefit, or service to beneficiaries of the recipientsprogram;
(vi) Deny an otherwise qualified person with a disability theopportunity to participate as a member of planning or advisory boards; or
(vii) Otherwise limit an otherwise qualified person with adisability in the enjoyment of any right, privilege, advantage, or opportunityenjoyed by others receiving an aid, benefit, or service.
(2) Notwithstanding any inconsistent terms of any collectivebargaining agreement, no otherwise qualified person with a disability shall,solely on the basis of disability, who with reasonable accommodation and withno major cost can perform the essential functions of the job in question, besubjected to discrimination in employment by any person or entity receivingfinancial assistance from the state, or doing business within the state. Theprovisions of this subsection apply to the following activities:
(i) Recruitment, advertising, and the processing ofapplications for employment;
(ii) Hiring, upgrading, promotion, award to tenure, demotion,transfer, layoff, termination, right to return from layoff, and rehiring;
(iii) Rates of pay or any other form of compensation andchanges in compensation;
(iv) Job assignments, job classifications, organizationalstructures, position descriptions, lines of progression, and seniority lists;
(v) Leave of absence, sick leave, or any other leave;
(vi) Fringe benefits available by virtue of employment,whether or not administered by the recipient;
(vii) Selection and financial support for training, includingapprenticeship, professional meetings, conferences, and other relatedactivities, and selection for leaves of absence to pursue training;
(viii) Employer sponsored activities including social orrecreational programs; and
(ix) Any other term, condition, or privilege of employment.
(3) Any persons with a disability shall be entitled to fulland equal access, are members of the general public, to all housingaccommodations offered for rent, lease, or compensation in this state, subjectto the conditions and limitations established by law and applicable alike toall persons.
(4) Every person with a disability who has a personalassistive animal, or who obtains a personal assistive animal, shall be entitledto full and equal access to all housing and other public accommodationsprovided for in this chapter and shall not be required to pay extracompensation for the personal assistive animal, but shall be liable for anydamage done to the premises by a personal assistive animal. For the purposes ofthis subdivision a "personal assistive animal" is an animal specificallytrained, by a certified animal training program, to assist a person with adisability perform independent living tasks.
(5) No qualified individual with a disability, as defined inthe Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., nor anyindividual or entity because of a known relationship or association with anindividual with a disability shall be:
(i) Discriminated against on the basis of disability in thefull and equal enjoyment of the goods, services, facilities, privileges,advantages, or accommodations of any place of public accommodation orcommercial facilities covered by the Americans with Disabilities Act, 42 U.S.C.§ 12101 et seq.;
(ii) Excluded from participation in or be denied the benefitsof the services, programs, or activities of, or be subjected to discriminationby, a public entity covered by the Americans with Disabilities Act, 42 U.S.C.§ 12101 et seq.; and
(iii) Subject to discrimination in employment by a publicentity or employer covered by the Americans with Disabilities Act, 42 U.S.C.§ 12101 et seq.
(6) The application, exemptions, definitions, requirements,standards, and deadlines for compliance with subdivision (5) shall be inaccordance with the requirements of the Americans with Disabilities Act, 42U.S.C., § 12101 et seq. and the federal regulations pertaining to the Act,28 CFR 36, 28 CFR 35, and 29 CFR 1630.
§ 42-87-3 Discriminatory acts. – The discriminatory acts prohibited by § 42-87-2 include, but are notlimited to, the following activities:
(1) Notwithstanding any law to the contrary, no person orentity licensed or regulated by the state, or having received financialassistance from the state, or doing business within the state, shall:
(i) Deny an otherwise qualified person with a disability theopportunity to participate in or benefit from any aid, benefit or service;
(ii) Afford an otherwise qualified person with a disabilityan opportunity to participate in or benefit from any aid, benefit, or servicethat is not equal to that afforded others;
(iii) Provide an otherwise qualified person with a disabilitywith an aid, benefit, or service that is not as effective as that provided toothers;
(iv) Provide different or separate aid, benefits, or servicesto otherwise qualified persons with a disability or to any class of otherwisequalified persons with a disability unless that action is necessary to provideotherwise qualified persons with a disability with aid, benefits, or servicesthat are as effective as those provided to others;
(v) Aid or perpetuate discrimination against an otherwisequalified person with a disability by providing significant assistance to anagency, organization, or person that discriminates on the basis of disabilityin providing any aid, benefit, or service to beneficiaries of the recipientsprogram;
(vi) Deny an otherwise qualified person with a disability theopportunity to participate as a member of planning or advisory boards; or
(vii) Otherwise limit an otherwise qualified person with adisability in the enjoyment of any right, privilege, advantage, or opportunityenjoyed by others receiving an aid, benefit, or service.
(2) Notwithstanding any inconsistent terms of any collectivebargaining agreement, no otherwise qualified person with a disability shall,solely on the basis of disability, who with reasonable accommodation and withno major cost can perform the essential functions of the job in question, besubjected to discrimination in employment by any person or entity receivingfinancial assistance from the state, or doing business within the state. Theprovisions of this subsection apply to the following activities:
(i) Recruitment, advertising, and the processing ofapplications for employment;
(ii) Hiring, upgrading, promotion, award to tenure, demotion,transfer, layoff, termination, right to return from layoff, and rehiring;
(iii) Rates of pay or any other form of compensation andchanges in compensation;
(iv) Job assignments, job classifications, organizationalstructures, position descriptions, lines of progression, and seniority lists;
(v) Leave of absence, sick leave, or any other leave;
(vi) Fringe benefits available by virtue of employment,whether or not administered by the recipient;
(vii) Selection and financial support for training, includingapprenticeship, professional meetings, conferences, and other relatedactivities, and selection for leaves of absence to pursue training;
(viii) Employer sponsored activities including social orrecreational programs; and
(ix) Any other term, condition, or privilege of employment.
(3) Any persons with a disability shall be entitled to fulland equal access, are members of the general public, to all housingaccommodations offered for rent, lease, or compensation in this state, subjectto the conditions and limitations established by law and applicable alike toall persons.
(4) Every person with a disability who has a personalassistive animal, or who obtains a personal assistive animal, shall be entitledto full and equal access to all housing and other public accommodationsprovided for in this chapter and shall not be required to pay extracompensation for the personal assistive animal, but shall be liable for anydamage done to the premises by a personal assistive animal. For the purposes ofthis subdivision a "personal assistive animal" is an animal specificallytrained, by a certified animal training program, to assist a person with adisability perform independent living tasks.
(5) No qualified individual with a disability, as defined inthe Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., nor anyindividual or entity because of a known relationship or association with anindividual with a disability shall be:
(i) Discriminated against on the basis of disability in thefull and equal enjoyment of the goods, services, facilities, privileges,advantages, or accommodations of any place of public accommodation orcommercial facilities covered by the Americans with Disabilities Act, 42 U.S.C.§ 12101 et seq.;
(ii) Excluded from participation in or be denied the benefitsof the services, programs, or activities of, or be subjected to discriminationby, a public entity covered by the Americans with Disabilities Act, 42 U.S.C.§ 12101 et seq.; and
(iii) Subject to discrimination in employment by a publicentity or employer covered by the Americans with Disabilities Act, 42 U.S.C.§ 12101 et seq.
(6) The application, exemptions, definitions, requirements,standards, and deadlines for compliance with subdivision (5) shall be inaccordance with the requirements of the Americans with Disabilities Act, 42U.S.C., § 12101 et seq. and the federal regulations pertaining to the Act,28 CFR 36, 28 CFR 35, and 29 CFR 1630.
§ 42-87-3 Discriminatory acts. – The discriminatory acts prohibited by § 42-87-2 include, but are notlimited to, the following activities:
(1) Notwithstanding any law to the contrary, no person orentity licensed or regulated by the state, or having received financialassistance from the state, or doing business within the state, shall:
(i) Deny an otherwise qualified person with a disability theopportunity to participate in or benefit from any aid, benefit or service;
(ii) Afford an otherwise qualified person with a disabilityan opportunity to participate in or benefit from any aid, benefit, or servicethat is not equal to that afforded others;
(iii) Provide an otherwise qualified person with a disabilitywith an aid, benefit, or service that is not as effective as that provided toothers;
(iv) Provide different or separate aid, benefits, or servicesto otherwise qualified persons with a disability or to any class of otherwisequalified persons with a disability unless that action is necessary to provideotherwise qualified persons with a disability with aid, benefits, or servicesthat are as effective as those provided to others;
(v) Aid or perpetuate discrimination against an otherwisequalified person with a disability by providing significant assistance to anagency, organization, or person that discriminates on the basis of disabilityin providing any aid, benefit, or service to beneficiaries of the recipientsprogram;
(vi) Deny an otherwise qualified person with a disability theopportunity to participate as a member of planning or advisory boards; or
(vii) Otherwise limit an otherwise qualified person with adisability in the enjoyment of any right, privilege, advantage, or opportunityenjoyed by others receiving an aid, benefit, or service.
(2) Notwithstanding any inconsistent terms of any collectivebargaining agreement, no otherwise qualified person with a disability shall,solely on the basis of disability, who with reasonable accommodation and withno major cost can perform the essential functions of the job in question, besubjected to discrimination in employment by any person or entity receivingfinancial assistance from the state, or doing business within the state. Theprovisions of this subsection apply to the following activities:
(i) Recruitment, advertising, and the processing ofapplications for employment;
(ii) Hiring, upgrading, promotion, award to tenure, demotion,transfer, layoff, termination, right to return from layoff, and rehiring;
(iii) Rates of pay or any other form of compensation andchanges in compensation;
(iv) Job assignments, job classifications, organizationalstructures, position descriptions, lines of progression, and seniority lists;
(v) Leave of absence, sick leave, or any other leave;
(vi) Fringe benefits available by virtue of employment,whether or not administered by the recipient;
(vii) Selection and financial support for training, includingapprenticeship, professional meetings, conferences, and other relatedactivities, and selection for leaves of absence to pursue training;
(viii) Employer sponsored activities including social orrecreational programs; and
(ix) Any other term, condition, or privilege of employment.
(3) Any persons with a disability shall be entitled to fulland equal access, are members of the general public, to all housingaccommodations offered for rent, lease, or compensation in this state, subjectto the conditions and limitations established by law and applicable alike toall persons.
(4) Every person with a disability who has a personalassistive animal, or who obtains a personal assistive animal, shall be entitledto full and equal access to all housing and other public accommodationsprovided for in this chapter and shall not be required to pay extracompensation for the personal assistive animal, but shall be liable for anydamage done to the premises by a personal assistive animal. For the purposes ofthis subdivision a "personal assistive animal" is an animal specificallytrained, by a certified animal training program, to assist a person with adisability perform independent living tasks.
(5) No qualified individual with a disability, as defined inthe Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., nor anyindividual or entity because of a known relationship or association with anindividual with a disability shall be:
(i) Discriminated against on the basis of disability in thefull and equal enjoyment of the goods, services, facilities, privileges,advantages, or accommodations of any place of public accommodation orcommercial facilities covered by the Americans with Disabilities Act, 42 U.S.C.§ 12101 et seq.;
(ii) Excluded from participation in or be denied the benefitsof the services, programs, or activities of, or be subjected to discriminationby, a public entity covered by the Americans with Disabilities Act, 42 U.S.C.§ 12101 et seq.; and
(iii) Subject to discrimination in employment by a publicentity or employer covered by the Americans with Disabilities Act, 42 U.S.C.§ 12101 et seq.
(6) The application, exemptions, definitions, requirements,standards, and deadlines for compliance with subdivision (5) shall be inaccordance with the requirements of the Americans with Disabilities Act, 42U.S.C., § 12101 et seq. and the federal regulations pertaining to the Act,28 CFR 36, 28 CFR 35, and 29 CFR 1630.
