Oklahoma Administrative Code › Title 612 - State Department of Rehabilitation Services › Chapter 1 - Administrative Operations › Subchapter 11 - Compliance With the Americans With Disabilities Act of 1990 › Part 1 - PURPOSE AND LEGAL BASIS › Section 612:1-11-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this
					 Subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
"Disability"
means, with respect to an
					 individual, a physical or mental impairment that substantially limits one or
					 more of the major life activities of such individual. It also means having a
					 record of such an impairment or being regarded as having such an impairment.
					 "Disability" does not include:
(A) sexual behavior disorders;
(B) compulsive gambling, kleptomania, or pyromania;
(C) psychoactive substance abuse disorders resulting from
					 current illegal use of drugs; or
(D) homosexuality and bisexuality.
"Drug"
means a controlled substance, as
					 defined in Schedules I through V of Section 202 of the Controlled Substances
					 Act [
					 21 U.S.C.
					 812 ].
"Equal employment opportunity"
means an
					 opportunity to enjoy equal benefits and privileges of employment as are
					 available to an average similarly situated employee without a
					 disability.
"Essential functions"
means the fundamental
					 job duties of the employment position the individual with a disability holds or
					 desires. The term does not include the marginal functions of the
					 position.
"Has a record of such impairment"
means the
					 individual has a history of, or has been misclassified 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
					 whose possession or distribution is unlawful under the Controlled Substances
					 Act, as periodically updated by the Food and Drug Administration.
"Is regarded as having such an impairment"
means:
(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;
(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
(C) has none of the impairments defined herein but is
					 treated by a covered entity as having a substantially limiting impairment.
"Major life activities"
means functions such
					 as caring for oneself, performing manual tasks, walking, seeing, hearing,
					 speaking, breathing, learning, and working.
"Physical or mental impairment"
means:
(A) any physiological disorder, or condition, cosmetic
					 disfigurement, or anatomical loss affecting one or more of the following body
					 systems: neurological, musculoskeletal, special sense organs, respiratory
					 (including speech organs), cardiovascular, reproductive, digestive,
					 genitourinary, hemic and lymphatic, skin, and endocrine; or
(B) any mental or psychological disorder, such as
					 intellectual disability, organic brain syndrome, emotional or mental illness,
					 and specific learning disabilities.
"Qualified individual with a disability"
means
					 an individual with a disability who satisfies the requisite skill, experience,
					 education and other job-related requirements of the employment position such
					 individual holds or desires, and who, with or without reasonable accommodation,
					 can perform the essential functions of such position. For purposes of
					 organizational policy, the Department differentiates between a qualified person
					 with a disability in the area of employment and a qualified person with a
					 disability in the area of DRS programs.
(A)
Employment:
A qualified individual with a
					 disability is one who, with or without reasonable accommodation, can perform
					 the essential functions of the position that the individual holds or desires.
					 For the purposes of the ADA, consideration shall be given to the employer's
					 judgment regarding what functions of a job are essential. If an employer has
					 prepared a written description before advertising or interviewing applicants
					 for the job, this description shall be considered evidence of the essential
					 functions of the job.
(B)
Programs:
A qualified individual with a
					 disability is one 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 provided by DRS.
"Reasonable accommodation"
means:
(A) modifications or adjustments to a job application
					 process that enable a qualified applicant with a disability to be considered
					 for the position such qualified applicant desires; or
(B) modifications or adjustments 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
(C) modifications or adjustments that enable a covered
					 entity's employee with a disability to enjoy equal benefits and privileges of
					 employment as are enjoyed by its 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.
"Substantially limits"
means:
(A) unable to perform a major life activity that the
					 average person in the general population can perform; or
(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.
"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.
Added at 10 Ok Reg 4607, eff 9-1-93 (emergency) ; Added
						at 11 Ok Reg 2425, eff 7-1-94 ; Amended at 30 Ok Reg 862, eff
						7-1-13