Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 03 - COMMISSION ON HUMAN RELATIONS › Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities › Section 14.03.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) "Commission" means the Maryland
				Commission on Human Relations.
(2)
				"Covered entity" means a person or entity subject to the jurisdiction of the
				Commission under State Government Article, §§
										20-301"20-305,
				20-601, 20-606"20-607, 20-609, 20-801, 20-901"20-904, or 20-1017, Annotated
				Code of Maryland.
(3) "Facility"
				means all or a portion of a building, structure, site, complex, equipment, bus,
				heavy or light rail, or other conveyance, road, walkway, passageway, parking
				lot, or other real or personal property, including the real property where the
				building, property, structure, or equipment is located.
(4) "ADAAG" means the Americans with
				Disabilities Act Accessibility Guidelines for Buildings and Facilities
				developed by the United States Architectural and Transportation Barriers
				Compliance Board, and adopted by the United States Department of Justice in
				Appendix A to 28 CFR Part 36.
(5)
				"Disabled individual" means an individual with a disability as defined in
				§B(6) of this regulation.
(6)
				"Disability" means, with respect to an individual:
(a) Epilepsy, infection with the human
				immunodeficiency virus, paralysis, amputation, lack of physical coordination,
				blindness or visual impairment, deafness or hearing impairment, muteness or
				speech impediment, physical reliance on a seeing eye dog, wheelchair, or other
				remedial appliance or device, or mental retardation or other mental impairment
				or deficiency which necessitates remedial or special education and related
				services;
(b) A physical or mental
				impairment, other than those enumerated in §B(6)(a) of this regulation,
				that is caused by bodily injury, birth defect, or illness, which substantially
				limits one or more of an individual's major life activities;
(c) A record of a physical or mental
				impairment as set forth in §B(6)(a) or (b) of this regulation, including
				having a history of, or being misclassified as having, such an
				impairment;
(d) Being regarded as
				having a physical or mental impairment as set forth in §B(6)(a) or (b) of
				this regulation, including one that:
(i) Does
				not substantially limit major life activities, if the individual is treated by
				a covered entity as having such a limitation; or
(ii) Substantially limits major life
				activities as a result of the attitude of the covered entity or of others
				towards the impairment; or
(e) Being treated by a covered entity as
				having an impairment, even if there is no physical or mental
				impairment.
(7) "Major
				life activities" includes, but is not limited to, functions such as caring for
				oneself, performing manual tasks, walking, seeing, hearing, speaking,
				breathing, learning, working, driving a vehicle, socializing, and engaging in
				procreation and recreation.
(8)
				"Place of public accommodation" has the meaning stated in State Government
				Article, §
										20-301, Annotated
				Code of Maryland.
(9) "Physical or
				mental impairment" means:
(a) A physiological
				disorder or condition, cosmetic disfigurement, or anatomical loss, affecting
				one or more of the following bodily systems:
(i) Neurological;
(ii) Musculoskeletal;
(iii) Special sense organs;
(iv) Respiratory, including speech
				organs;
(v)
				Cardiovascular;
(vi)
				Reproductive;
(vii)
				Digestive;
(viii)
				Genitourinary;
(ix) Hemic and
				lymphatic; or
(x) Skin and
				endocrine; or
(b) A
				mental or psychological disorder such as mental retardation, organic brain
				syndrome, emotional or mental illness, and specific learning
				disabilities.
(10)
				"Qualified individual with a disability" means an individual with a disability
				who:
(a) With or without reasonable
				accommodation can perform the essential functions of the job in question;
				or
(b) Is otherwise qualified for
				the benefit, term, condition, or privilege of employment at issue.
(11) "Qualified historic building
				or facility" means a building or facility that is:
(a) Listed in or eligible for listing in the
				National Register of Historic Places under the National Historic Preservation
				Act of 1966, 16 U.S.C.
				§
												470a(a);
(b) Listed in or eligible for listing in the
				Maryland Register of Historic Properties under State Finance and Procurement
				Article, § 5A -323, Annotated Code of Maryland; or
(c) Designated as historic under a local
				law.
(12) "Remedial
				appliance or device" means wheelchairs, prosthetic limbs and devices, braces,
				crutches, hearing aids, corrective lenses, and such other appliances or
				devices, which ameliorate or compensate for the limitations imposed by a
				physical or mental impairment, and which are acquired by an individual for such
				purpose.
(13) "Service animal"
				means a guide dog, signal dog, or other animal, individually trained to do work
				or perform tasks for the benefit of an individual with a disability, including,
				but not limited to:
(a) Guiding an individual
				with impaired vision;
(b) Alerting
				an individual with impaired hearing to intruders or sounds;
(c) Alerting an individual with seizures to
				the onset of a seizure;
(d)
				Providing minimal protection or rescue work;
(e) Pulling a wheelchair; or
(f) Retrieving items.
(14) "Structural changes" means any physical
				alterations or removal of barriers to a facility that would cause the facility
				to be accessible to an individual with a disability.
(15) "Teleworking" means an arrangement
				whereby an employee performs some or all of the employee's job duties at a work
				station located in the employee's residence, or at a designated location other
				than the employer's usual and customary worksite.