The term discrimination includes, but is not limited to, the acts
described in this section and Sec. 60-741.23.
(a) Disparate treatment. It is unlawful for the contractor to deny
an employment opportunity or benefit or otherwise to discriminate
against a qualified individual with a disability because of that
individual's disability.
(b) Limiting, segregating and classifying. Unless otherwise
permitted by this part, it is unlawful for the contractor to limit,
segregate, or classify a job applicant or employee in a way that
adversely affects his or her employment opportunities or status on the
basis of disability. For example, the contractor may not segregate
qualified employees with disabilities into separate work areas or into
separate lines of advancement.
(c) Contractual or other arrangements--(1) In general. It is
unlawful for the contractor to participate in a contractual or other
arrangement or relationship that has the effect of subjecting the
contractor's own qualified applicant or employee with a disability to
the discrimination prohibited by this part.
(2) Contractual or other arrangement defined. The phrase contractual
or other arrangement or relationship includes, but is not limited to, a
relationship with: an employment or referral agency; a labor
organization, including a collective bargaining agreement; an
organization providing fringe benefits to an employee of the contractor;
or an organization providing training and apprenticeship programs.
(3) Application. This paragraph (c) applies to the contractor, with
respect to its own applicants or employees, whether the contractor
offered the contract or initiated the relationship, or whether the
contractor accepted the contract or acceded to the relationship. The
contractor is not liable for the actions of the other party or parties
to the contract which only affect that other party's employees or
applicants.
(d) Standards, criteria or methods of administration. It is unlawful
for the contractor to use standards, criteria, or methods of
administration, that are not job-related and consistent with business
necessity, and that:
(1) Have the effect of discriminating on the basis of disability; or
(2) Perpetuate the discrimination of others who are subject to
common administrative control.
(e) Relationship or association with an individual with a
disability. It is unlawful for the contractor to exclude or deny equal
jobs or benefits to, or otherwise discriminate against, a qualified
individual because of the known disability of an individual with whom
the qualified individual is known to have a family, business, social or
other relationship or association.
(f) Not making reasonable accommodation. (1) It is unlawful for the
contractor to fail to make reasonable accommodation to the known
physical or mental limitations of an otherwise qualified applicant or
employee with a
disability, unless such contractor can demonstrate that the
accommodation would impose an undue hardship on the operation of its
business.
(2) It is unlawful for the contractor to deny employment
opportunities to an otherwise qualified job applicant or employee with a
disability based on the need of such contractor to make reasonable
accommodation to such an individual's physical or mental impairments.
(3) A qualified individual with a disability is not required to
accept an accommodation, aid, service, opportunity or benefit which such
qualified individual chooses not to accept. However, if such individual
rejects a reasonable accommodation, aid, service, opportunity or benefit
that is necessary to enable the individual to perform the essential
functions of the position held or desired, and cannot, as a result of
that rejection, perform the essential functions of the position, the
individual will not be considered a qualified individual with a
disability.
(g) Qualification standards, tests and other selection criteria--(1)
In general. It is unlawful for the contractor to use qualification
standards, employment tests or other selection criteria that screen out
or tend to screen out an individual with a disability or a class of
individuals with disabilities, on the basis of disability, unless the
standard, test or other selection criterion, as used by the contractor,
is shown to be job-related for the position in question and is
consistent with business necessity. Selection criteria that concern an
essential function may not be used to exclude an individual with a
disability if that individual could satisfy the criteria with provision
of a reasonable accommodation. Selection criteria that exclude or tend
to exclude an individual with a disability or a class of individuals
with disabilities because of disability but concern only marginal
functions of the job would not be consistent with business necessity.
The contractor may not refuse to hire an applicant with a disability
because the applicant's disability prevents him or her from performing
marginal functions.
(2) The Uniform Guidelines on Employee Selection Procedures, 41 CFR
part 60-3, do not apply to the Rehabilitation Act and are similarly
inapplicable to this part.
(h) Administration of tests. It is unlawful for the contractor to
fail to select and administer tests concerning employment in the most
effective manner to ensure that, when a test is administered to a job
applicant or employee who has a disability that impairs sensory, manual,
or speaking skills, the test results accurately reflect the skills,
aptitude, or whatever other factor of the applicant or employee that the
test purports to measure, rather than reflecting the impaired sensory,
manual, or speaking skills of such employee or applicant, except where
such skills are the factors that the test purports to measure.
(i) Compensation. In offering employment or promotions to
individuals with disabilities, it is unlawful for the contractor to
reduce the amount of compensation offered because of any income based
upon a disability-related pension or other disability-related benefit
the applicant or employee receives from another source.
