§ 168A-3. Definitions. - North Carolina Statutes

§ 168A‑3.  Definitions.

As used in this Chapter,unless the context otherwise requires:

(1)        "Disablingcondition" means any condition or characteristic that renders a person aperson with a disability.

(1a)      "Discriminatorypractice" means any practice prohibited by this Chapter.

(2)        "Employer"means any person employing 15 or more full‑time employees within theState, but excluding a person whose only employees are hired to work asdomestic or farm workers at that person's home or farm.

(3)        "Employmentagency" means a person regularly undertaking with or without compensationto procure for employees opportunities to work for an employer and includes anagent of such a person.

(4)        Recodified as G.S.168A‑3(7a).

(4a)      "Informationtechnology" has the same meaning as in G.S. 147‑33.81. The term alsospecifically includes information transaction machines.

(5)        Recodified as G.S.168A‑3(1).

(6)        "Labororganization" means an organization of any kind, an agency or employeerepresentation committee, a group association, or a plan, in which employeesparticipate and which exists for the purpose, in whole or in part, of dealingwith employers concerning grievances, labor disputes, wages, rates of pay,hours, or other terms or conditions of employment.

(7)        "Person"includes any individual, partnership, association, corporation, labororganization, legal representative, trustee, receiver, and the State and itsdepartments, agencies, and political subdivisions.

(7a)      "Person with adisability" means any person who (i) has a physical or mental impairmentwhich substantially limits one or more major life activities; (ii) has a recordof such an impairment; or (iii) is regarded as having such an impairment. Asused in this subdivision, the term:

a.         "Physical ormental impairment" means (i) any physiological disorder or abnormalcondition, cosmetic disfigurement, or anatomical loss, caused by bodily injury,birth defect or illness, affecting one or more of the following body systems:neurological; musculoskeletal; special sense organs; respiratory, includingspeech organs; cardiovascular; reproductive; digestive; genitourinary; hemicand lymphatic; skin; and endocrine; or (ii) any mental disorder, such as mentalretardation, organic brain syndrome, mental illness, specific learning disabilities,and other developmental disabilities, but (iii) excludes (A) sexualpreferences; (B) active alcoholism or drug addiction or abuse; and (C) anydisorder, condition or disfigurement which is temporary in nature leaving noresidual impairment.

b.         "Major lifeactivities" means functions such as caring for one's self, performingmanual tasks, walking, seeing, hearing, speaking, breathing, learning, andworking.

c.         "Has a recordof such an impairment" means has a history of, or has been misclassifiedas having, a mental or physical impairment that substantially limits major lifeactivities.

d.         "Is regarded ashaving an impairment" means (i) has a physical or mental impairment thatdoes not substantially limit major life activities but that is treated asconstituting such a limitation; (ii) has a physical or mental impairment thatsubstantially limits major life activities because of the attitudes of others;or (iii) has none of the impairments defined in paragraph a. of thissubdivision but is treated as having such an impairment.

(8)        "Place ofpublic accommodations" includes, but is not limited to, any place,facility, store, other establishment, hotel, or motel, which supplies goods orservices on the premises to the public or which solicits or accepts thepatronage or trade of any person.

(9)        "Qualifiedperson with a disability" means:

a.         With regard toemployment, a person with a disability who can satisfactorily perform theduties of the job in question, with or without reasonable accommodation, (i)provided that the person with a disability shall not be held to standards ofperformance different from other employees similarly employed, and (ii) furtherprovided that the disabling condition does not create an unreasonable risk tothe safety or health of the person with a disability, other employees, theemployer's customers, or the public;

b.         With regard toplaces of public accommodation a person with a disability who can benefit fromthe goods or services provided by the place of public accommodation; and

c.         With regard topublic services and public transportation a person with a disability who meetsprerequisites for participation that are uniformly applied to all participants,such as income or residence, and that do not have the effect of discriminatingagainst persons with a disability.

(10)      "Reasonableaccommodations" means:

a.         With regard toemployment, making reasonable physical changes in the workplace, including, butnot limited to, making facilities accessible, modifying equipment and providingmechanical aids to assist in operating equipment, or making reasonable changesin the duties of the job in question that would accommodate the known disablingconditions of the person with a disability seeking the job in question byenabling him or her to satisfactorily perform the duties of that job; providedthat "reasonable accommodation" does not require that an employer:

1.         Hire one or moreemployees, other than the person with a disability, for the purpose, in wholeor in part, of enabling the person with a disability to be employed; or

2.         Reassign duties ofthe job in question to other employees without assigning to the employee with adisability duties that would compensate for those reassigned; or

3.         Reassign duties ofthe job in question to one or more other employees where such reassignmentwould increase the skill, effort or responsibility required of such otheremployee or employees from that required prior to the change in duties; or

4.         Alter, modify,change or deviate from bona fide seniority policies or practices; or

5.         Provideaccommodations of a personal nature, including, but not limited to, eyeglasses,hearing aids, or prostheses, except under the same terms and conditions as suchitems are provided to the employer's employees generally; or

6.         Repealed by SessionLaws 2002‑163, s. 2, effective January 1, 2003.

7.         Make any changesthat would impose on the employer an undue hardship.

b.         With regard to aplace of public accommodations, making reasonable efforts to accommodate thedisabling conditions of a person with a disability, including, but not limitedto, making facilities accessible to and usable by persons with a disability,redesigning equipment, provide mechanical aids or other assistance, or usingalternative accessible locations, provided that reasonable accommodations doesnot require efforts which would impose an undue hardship on the entityinvolved.

(11)      "Unduehardship" means a significant difficulty or expense. The following factorsshall be considered in determining whether an accommodation would impose anundue hardship:

a.         The nature and costof the accommodations needed under this Chapter.

b.         The overallfinancial resources of the particular facility or facilities involved in theprovision of the accommodation, the number of persons employed at the facility,the effect on expenses and resources at the facility, and any other impact onthe operation of the facility.

c.         The overall effecton the financial resources of the covered entity, the number of personsemployed by the covered entity, and the number, type, and location of thecovered entity's facilities.

d.         The type ofoperations of the covered entity, including the composition, structure, andfunctions of the workforce of the entity, the geographic separateness of the particularfacility to the covered entity, and the administrative or fiscal relationshipof the particular facility to the covered entity.  (1985, c. 571, s. 1; 1999‑160,s. 1; 1999‑456, s. 44; 2002‑163, s. 2.)