The following words and terms when used in this Subchapter, shall have the following meaning unless the context clearly indicates otherwise:
"ADA" means the Americans With Disabilities Act of 1990, as amended at 42 U.S.C. § 12101-12117, (SUPP. V.1994) [Public Law 101-336].
"ADA, Title I" means employers do not discriminate against qualified individuals or applicants with disabilities. Employers reasonably accommodate the qualified employee or applicant by modifying work stations and equipment, unless undue hardship would result.
"ADA, Title II" means state and local governments do not discriminate against qualified individuals or applicants with a disability in any program, service, or activity provided or administered by public entities, regardless of whether federal funds are received.
"ADA, Title III" means public accommodations do not discriminate on the basis of disability. Existing physical barriers are removed, if possible. New construction will be accessible.
"ADA, Title IV" means telecommunications are provided by telephone companies for deaf and hard of hearing and speech impaired individuals 24 hours per day.
"Age Discrimination Act of 1975" means 29 U.S.C. 621-634. [Public Law 94-135] This law states it is unlawful to discriminate in employment practices based on age.
"DHHS-OCR" means the U.S. Department of Health and Human Services - Office For Civil Rights, Dallas, Texas 75202.
"Deaf person" means a person whose hearing loss is so severe that the individual cannot communicate through oral or aural means, or a person with a hearing loss to a degree that it impedes the conduct of essential business requirements, and poses a risk of possible personal or financial loss in the acquisition or receipt of social services, employment, health and safety situations, and other instances when meaningful communication is critical.
"Department" means the Oklahoma Department of Human Services (DHS).
"Disabled person" means, according to ADA, any person who:
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(A) has a physical or mental impairment which substantially limits one or more of his or her major life activities;
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(B) has a record of such impairment; or
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(C) is regarded as having such impairment.
"Discrimination or non-compliance" means discrimination or non-compliance based on age, religion, disability, political affiliation, sex, race, color, or national origin.
"Drug" means a controlled substance, as defined in Schedules I through V of Section 202 of the Controlled Substance Act, 21 U.S.C. 812, as referenced at 29 C.F.R. 1630.3(a)(1).
"Essential job functions" means the fundamental job duties of an individual position. Evidence of the essential job functions are the employer’s judgment of the essential job functions, a written job description prepared before advertising or interviewing employees or applicants for the individual position, the amount of time spent performing the identified essential job functions, and if these functions are identified as critical on the employee's performance evaluation. The term does not include marginal functions of the position.
"FNS" means the U.S. Department of Agriculture, Food and Nutrition Service, Dallas Regional Office, Dallas, TX.
"Has a record of such impairment" means the individual has a history of, or who is treated as having, a mental or physical impairment that substantially limits one or more major life activities.
"Illegal use of drugs" means the use of drugs of which possession or distribution is unlawful under the Controlled Substance Act, as periodically updated by the Food and Drug Administration.
"Is regarded as having such an impairment" means a person:
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(A) has a physical or mental impairment that does not substantially limit major life activities but is treated by a covered entity as constituting such limitation;
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(B) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
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(C) has none of the impairments defined herein but is treated by a covered entity as having a substantially limiting impairment.
"Local coordinator" means the local or county coordinator.
"Major life activities" means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
"OCR" means the DHS Office for Civil Rights.
"Physical or mental impairment" means:
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(A) any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting neurological, musculo-skeletal, special sense organs, respiratory, cardiovascular, reproductive, digestive, genitourinary, hepatic and lymphatic, skin, or endocrine systems; or
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(B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, or specific learning disabilities.
"Qualified individual with a disability" means:
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(A) employment: an individual with a disability who satisfies the requisite skill, experience, education, and other job-related requirements of the individual employment position he or she holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position; or
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(B) programs: an individual with a disability who with or without reasonable modifications to rules, policies, or practices; removal of architectural, communication, or transportation barriers; or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities administered by DHS.
"Reasonable accommodation" means modifications or adjustments:
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(A) to a job application process that enable a qualified applicant with a disability to be considered for the position he or she desires;
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(B) to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
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(C) that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by the entity's other similarly situated employees without disabilities.
"Relationship or association with an individual with a disability" means a qualified individual with or without a disability who has a known relationship or association with an individual who has a known disability. While such individuals are protected from discrimination in terms of equal jobs and benefits, and equal programs and activities, there is no requirement for an employer to provide a person without a disability with a reasonable accommodation. This duty only applies to qualified applicants or employees with disabilities.
"Request Review Committee (RRC)" means the committee used to resolve ADA requests which exceed specified time frames, cost more than $600, or are unresolved. The chair is appointed by the Director. The committee meets monthly or as needed and prepares written responses within ten working days of meeting.
"Section 504" means Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794. [Public Law 93-112] This Section guarantees the civil rights of a qualified disabled person. No qualified disabled person is excluded from participation or denied benefits on the basis of disability, or otherwise subjected to discrimination under any program or activity that receives or benefits from federal financial assistance.
"Substantially limits" means:
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(A) unable to perform a major life activity that the average person in the general population can perform; or
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(B) significantly restricted as to the condition, manner, or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.
"Title VI" means Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d -d7, [Public Law 88-352], which prohibits discrimination based on race, color, national origin, religion, or sex in federally assisted programs.
"Title VII" means Title VII of the Civil Rights Act of 1964, as amended at 42 U.S.C. 2000e-e17, [Public Law 102-166], which prohibits discrimination in employment based on race, color, national origin, religion, or sex.
"Undue hardship" means, with respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity. The concept of undue hardship is not limited to financial difficulty. Undue hardship refers to any accommodation that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business.