The full text of Nevada Revised Statutes (NRS) and Nevada Administrative Code (NAC) can be found at:  http://www.leg.state.nv.us/

The full text of federal statutes (laws), also known as the U.S. Code (U.S.C. or U.S.C.A.), or federal rules, also known as the Code of Federal Regulations (C.F.R.), may be found through many internet cites, one of which is:  http://www.law.cornell.edu/

The full text of any cases cited in this chapter may be found through the county legal library or through the UNLV legal library.

UNITED STATES CODE  referenced

42 U.S.C. 12102. Definitions

 As used in this chapter:

  (1) Auxiliary aids and services

  The term "auxiliary aids and services" includes‑‑

                (A) qualified interpreters or other effective methods of making aurally delivered materials available to individuals with hearing impairments;

(B) qualified readers, taped texts, or other effective methods of making visually delivered materials available to individuals with visual impairments;

(C) acquisition or modification of equipment or devices;  and

(D) other similar services and actions.

  (2) Disability

  The term "disability" means, with respect to an individual‑‑

(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;

(B) a record of such an impairment;  or

(C) being regarded as having such an impairment.

  (3) State

  The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

42 U.S.C. 12111. Definitions

As used in this subchapter:

  (1) Commission

  The term "Commission" means the Equal Employment Opportunity Commission established by section 2000e‑4 of this title.

  (2) Covered entity

  The term "covered entity" means an employer, employment agency, labor

 organization, or joint labor‑management committee.

  (3) Direct threat

  The term "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

  (4) Employee

  The term "employee" means an individual employed by an employer.  With respect to employment in a foreign country, such term includes an individual who is a citizen of the United States.

  (5) Employer

(A) In general

   The term "employer" means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this subchapter, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year, and any agent of such person.

(B) Exceptions

   The term "employer" does not include‑‑

(i) the United States, a corporation wholly owned by the government of the United States, or an Indian tribe;  or

(ii) a bona fide private membership club (other than a labor organization) that is exempt from taxation under section 501(c) of Title 26.

  (6) Illegal use of drugs

(A) In general

   The term "illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act [> 21 U.S.C.A. S 801 et seq.].  Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act or other provisions of Federal law.

(B) Drugs

   The term "drug" means a controlled substance, as defined in schedules I through V of section 202 of the Controlled Substances Act [> 21 U.S.C.A. S 812].

  (7) Person, etc.

  The terms "person", "labor organization", "employment agency", "commerce", and "industry affecting commerce", shall have the same meaning given such terms in section 2000e of this title.

  (8) Qualified individual with a disability

  The term "qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.  For the purposes of this subchapter, consideration shall be given to the employer's judgment as to what functions of a job are essential, and 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.

  (9) Reasonable accommodation

  The term "reasonable accommodation" may include‑‑

                (A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities;  and

(B) job restructuring, part‑time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.

  (10) Undue hardship

(A) In general

   The term "undue hardship" means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).

(B) Factors to be considered

In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include‑‑

(i) the nature and cost of the accommodation needed under this chapter;

(ii) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation;  the number of persons employed at such facility;  the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;

(iii) the overall financial resources of the covered entity;  the overall size of the business of a covered entity with respect to the number of its employees;  the number, type, and location of its facilities;  and

(iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.

42 U.S.C.  12112. Discrimination

(a) General rule

 No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

(b) Construction

 As used in subsection (a) of this section, the term "discriminate" includes‑‑

(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability of such applicant or employee;

(2) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity's qualified applicant or employee with a disability to the discrimination prohibited by this subchapter (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs);

(3) utilizing standards, criteria, or methods of administration‑‑

(A) that have the effect of discrimination on the basis of disability;  or

(B) that perpetuate the discrimination of others who are subject to common administrative control;

(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association;

(5)(A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an  applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity;  or

  (B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant;

  (6) using 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 unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job‑related for the position in question and is consistent with business necessity;  and

  (7) failing to select and administer tests concerning employment in the most effective manner to ensure that, when such test is administered to a job applicant or employee who has a disability that impairs sensory, manual, or speaking skills, such test results accurately reflect the skills, aptitude, or whatever other factor of such applicant or employee that such 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).

(c) Covered entities in foreign countries

  (1) In general

  It shall not be unlawful under this section for a covered entity to take any action that constitutes discrimination under this section with respect to an employee in a workplace in a foreign country if compliance with this section would cause such covered entity to violate the law of the foreign country in which such workplace is located.

                (2) Control of corporation

(A) Presumption

   If an employer controls a corporation whose place of incorporation is a foreign country, any practice that constitutes discrimination under this section and is engaged in by such corporation shall be presumed to be engaged in by such employer.

(B) Exception

   This section shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer.

(C) Determination

For purposes of this paragraph, the determination of whether an employer controls a corporation shall be based on‑‑

(i) the interrelation of operations;

(ii) the common management;

(iii) the centralized control of labor relations;  and

(iv) the common ownership or financial control, of the employer and the corporation.

(d) Medical examinations and inquiries

(1) In general

  The prohibition against discrimination as referred to in subsection (a) of this section shall include medical examinations and inquiries.

(2) Preemployment

(A) Prohibited examination or inquiry

   Except as provided in paragraph (3), a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability.

(B) Acceptable inquiry

   A covered entity may make preemployment inquiries into the ability of an applicant to perform job‑related functions.

(3) Employment entrance examination

  A covered entity may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if‑‑

(A) all entering employees are subjected to such an examination regardless of disability;

(B) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that‑‑

(i) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;

(ii) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment;  and

(iii) government officials investigating compliance with this chapter shall be provided relevant information on request;  and

(C) the results of such examination are used only in accordance with this subchapter.

(4) Examination and inquiry

(A) Prohibited examinations and inquiries

   A covered entity shall not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job‑related and consistent with business necessity.

 (B) Acceptable examinations and inquiries

   A covered entity may conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site.  A covered entity may make inquiries into the ability of an employee to perform job‑related functions.

(C) Requirement

   Information obtained under subparagraph (B) regarding the medical condition or history of any employee are subject to the requirements of subparagraphs (B) and (C) of paragraph (3).

42 U.S.C. 12114. Illegal use of drugs and alcohol

(a) Qualified individual with a disability

 For purposes of this subchapter, the term "qualified individual with a disability" shall not include any employee or applicant who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use.

(b) Rules of construction

 Nothing in subsection (a) of this section shall be construed to exclude as a qualified individual with a disability an individual who‑‑

                (1) has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;

(2) is participating in a supervised rehabilitation program and is no longer engaging in such use;  or

(3) is erroneously regarded as engaging in such use, but is not engaging in such use;

except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in paragraph (1) or (2) is no longer engaging in the illegal use of drugs.

(c) Authority of covered entity

 A covered entity‑‑

(1) may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees;

(2) may require that employees shall not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace;

(3) may require that employees behave in conformance with the requirements established under the Drug‑Free Workplace Act of 1988 (> 41 U.S.C. 701 et seq.);

(4) may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior that such entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of such employee;  and

(5) may, with respect to Federal regulations regarding alcohol and the illegal use of drugs, require that‑‑

   (A) employees comply with the standards established in such regulations of the Department of Defense, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Defense);

   (B) employees comply with the standards established in such regulations of

  the Nuclear Regulatory Commission, if the employees of the covered entity are employed in an industry subject to such regulations, including complying with regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Nuclear Regulatory Commission);  and

   (C) employees comply with the standards established in such regulations of the Department of Transportation, if the employees of the covered entity are employed in a transportation industry subject to such regulations, including complying with such regulations (if any) that apply to employment in sensitive positions in such an industry, in the case of employees of the covered entity who are employed in such positions (as defined in the regulations of the Department of Transportation).

(d) Drug testing

  (1) In general

  For purposes of this subchapter, a test to determine the illegal use of drugs shall not be considered a medical examination.

  (2) Construction

  Nothing in this subchapter shall be construed to encourage, prohibit, or authorize the conducting of drug testing for the illegal use of drugs by job applicants or employees or making employment decisions based on such test results.

(e) Transportation employees

 Nothing in this subchapter shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to‑‑

  (1) test employees of such entities in, and applicants for, positions involving safety‑sensitive duties for the illegal use of drugs and for on‑duty impairment by alcohol;  and

  (2) remove such persons who test positive for illegal use of drugs and on‑ duty impairment by alcohol pursuant to paragraph (1) from safety‑sensitive duties in implementing subsection (c) of this section.

42 U.S.C.  12181. Definitions

As used in this subchapter:

  (1) Commerce

  The term "commerce" means travel, trade, traffic, commerce, transportation, or communication‑‑

   (A) among the several States;

   (B) between any foreign country or any territory or possession and any State;  or

   (C) between points in the same State but through another State or foreign country.

  (2) Commercial facilities

  The term "commercial facilities" means facilities‑‑

   (A) that are intended for nonresidential use;  and

   (B) whose operations will affect commerce.

  Such term shall not include railroad locomotives, railroad freight cars, railroad cabooses, railroad cars described in section 12162 or covered under this subchapter, railroad rights‑of‑way, or facilities that are covered or expressly exempted from coverage under the Fair Housing Act of 1968 (> 42 U.S.C. 3601 et seq.).

  (3) Demand responsive system

  The term "demand responsive system" means any system of providing transportation of individuals by a vehicle, other than a system which is a fixed route system.

  (4) Fixed route system

  The term "fixed route system" means a system of providing transportation of individuals (other than by aircraft) on which a vehicle is operated along a prescribed route according to a fixed schedule.

  (5) Over‑the‑road bus

  The term "over‑the‑road bus" means a bus characterized by an elevated passenger deck located over a baggage compartment.

  (6) Private entity

  The term "private entity" means any entity other than a public entity (as defined in section 12131(1) of this title).

  (7) Public accommodation

 The following private entities are considered public accommodations for purposes of this subchapter, if the operations of such entities affect commerce‑‑

   (A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;

   (B) a restaurant, bar, or other establishment serving food or drink;

   (C) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;

   (D) an auditorium, convention center, lecture hall, or other place of public gathering;

   (E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

   (F) a laundromat, dry‑cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

   (G) a terminal, depot, or other station used for specified public transportation;

   (H) a museum, library, gallery, or other place of public display or collection;

   (I) a park, zoo, amusement park, or other place of recreation;

   (J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;

   (K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment;  and

   (L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation.

  (8) Rail and railroad

  The terms "rail" and "railroad" have the meaning given the term "railroad" in section 431(e) of Title 45.

  (9) Readily achievable

  The term "readily achievable" means easily accomplishable and able to be carried out without much difficulty or expense.  In determining whether an action is readily achievable, factors to be considered include‑‑

   (A) the nature and cost of the action needed under this chapter;

   (B) the overall financial resources of the facility or facilities involved in the action;  the number of persons employed at such facility;  the effect on expenses and resources, or the impact otherwise of such action upon the operation of the facility;

   (C) the overall financial resources of the covered entity;  the overall size of the business of a covered entity with respect to the number of its employees;  the number, type, and location of its facilities;  and

   (D) the type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of such entity;  the geographic separateness, administrative or fiscal relationship of the facility or facilities in question to the covered entity.

  (10) Specified public transportation

  The term "specified public transportation" means transportation by bus, rail, or any other conveyance (other than by aircraft) that provides the general public with general or special service (including charter service) on a regular and continuing basis.

  (11) Vehicle

  The term "vehicle" does not include a rail passenger car, railroad locomotive, railroad freight car, railroad caboose, or a railroad car described in section 12162 of this title or covered under this subchapter.

42 U.S.C. 12182. Prohibition of discrimination by public accommodations

(a) General rule

 No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.

(b) Construction

  (1) General prohibition

    (A) Activities

(i) Denial of participation

    It shall be discriminatory to subject an individual or class of individuals on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity.

(ii) Participation in unequal benefit

    It shall be discriminatory to afford an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not equal to that afforded to other individuals.

(iii) Separate benefit

    It shall be discriminatory to provide an individual or class of individuals, on the basis of a disability or disabilities of such individual or class, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others.

(iv) Individual or class of individuals

    For purposes of clauses (i) through (iii) of this subparagraph, the term  "individual or class of individuals" refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement.  

 (B) Integrated settings

   Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.

    (C) Opportunity to participate

   Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different.

    (D) Administrative methods

   An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration‑‑

    (i) that have the effect of discriminating on the basis of disability;  or

    (ii) that perpetuate the discrimination of others who are subject to common administrative control.

    (E) Association

   It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.

  (2) Specific prohibitions

    (A) Discrimination

   For purposes of subsection (a) of this section, discrimination includes‑‑

(i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered;

(ii) a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations;

(iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue burden;

(iv) a failure to remove architectural barriers, and communication barriers that are structural in nature, in existing facilities, and transportation barriers in existing vehicles and rail passenger cars used by an establishment for transporting individuals (not including barriers that can only be removed through the retrofitting of vehicles or rail passenger cars by the installation of a hydraulic or other lift), where such removal is readily achievable;  and

(v) where an entity can demonstrate that the removal of a barrier under clause (iv) is not readily achievable, a failure to make such goods, services, facilities, privileges, advantages, or accommodations available through alternative methods if such methods are readily achievable.

    (B) Fixed route system

(i) Accessibility

    It shall be considered discrimination for a private entity which operates a fixed route system and which is not subject to section 12184 of this title to purchase or lease a vehicle with a seating capacity in excess of 16

passengers (including the driver) for use on such system, for which a solicitation is made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.

      (ii) Equivalent service

    If a private entity which operates a fixed route system and which is not subject to section 12184 of this title purchases or leases a vehicle with a seating capacity of 16 passengers or less (including the driver) for use on such system after the effective date of this subparagraph that is not readily accessible to or usable by individuals with disabilities, it shall be considered discrimination for such entity to fail to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities.

(C) Demand responsive system

   For purposes of subsection (a) of this section, discrimination includes‑‑

(i) a failure of a private entity which operates a demand responsive system and which is not subject to section 12184 of this title to operate such system so that, when viewed in its entirety, such system ensures a level of service to individuals with disabilities, including individuals who use wheelchairs, equivalent to the level of service provided to individuals without disabilities;  and

(ii) the purchase or lease by such entity for use on such system of a vehicle with a seating capacity in excess of 16 passengers (including the driver), for which solicitations are made after the 30th day following the effective date of this subparagraph, that is not readily accessible to and usable by individuals with disabilities (including individuals who use wheelchairs) unless such entity can demonstrate that such system, when viewed in its entirety, provides a level of service to individuals with disabilities equivalent to that provided to individuals without disabilities.

(D) Over‑the‑road buses

 (i) Limitation on applicability

    Subparagraphs (B) and (C) do not apply to over‑the‑road buses.

(ii) Accessibility requirements

    For purposes of subsection (a) of this section, discrimination includes (I) the purchase or lease of an over‑the‑road bus which does not comply with the regulations issued under section 12186(a)(2) of this title by a private entity which provides transportation of individuals and which is not primarily engaged in the business of transporting people, and (II) any other failure of such entity to comply with such regulations.

(3) Specific construction

  Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others.  The term "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services.

42 U.S.C.  12188. Enforcement

(a) In general

(1) Availability of remedies and procedures

The remedies and procedures set forth in section 2000a‑3(a) of this title are the remedies and procedures this subchapter provides to any person who is being subjected to discrimination on the basis of disability in violation of this subchapter or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 12183 of this title.  Nothing in this section shall require a person with a disability to engage in a futile gesture if such person has actual notice that a person or organization covered by this subchapter does not intend to comply with its provisions.

(2) Injunctive relief

In the case of violations of sections 12182(b)(2)(A)(iv) and section   > [FN1] 12183(a) of this title, injunctive relief shall include an order to alter facilities to make such facilities readily accessible to and usable by individuals with disabilities to the extent required by this subchapter. Where appropriate, injunctive relief shall also include requiring the provision of an auxiliary aid or service, modification of a policy, or provision of alternative methods, to the extent required by this subchapter.

(b) Enforcement by Attorney General

(1) Denial of rights

(A) Duty to investigate

(i) In general

    The Attorney General shall investigate alleged violations of this subchapter, and shall undertake periodic reviews of compliance of covered entities under this subchapter.

(ii) Attorney General certification

On the application of a State or local government, the Attorney General may, in consultation with the Architectural and Transportation Barriers Compliance Board, and after prior notice and a public hearing at which persons, including individuals with disabilities, are provided an opportunity to testify against such certification, certify that a State law or local building code or similar ordinance that establishes accessibility requirements meets or exceeds the minimum requirements of this chapter for the accessibility and usability of covered facilities under this subchapter.  At any enforcement proceeding under this section, such certification by the Attorney General shall be rebuttable evidence that such State law or local ordinance does meet or exceed the minimum requirements of this chapter.

(B) Potential violation

   If the Attorney General has reasonable cause to believe that‑‑

(i) any person or group of persons is engaged in a pattern or practice of discrimination under this subchapter;  or

(ii) any person or group of persons has been discriminated against under this subchapter and such discrimination raises an issue of general public importance, the Attorney General may commence a civil action in any appropriate United States district court.

(2) Authority of court

In a civil action under paragraph (1)(B), the court‑‑

(A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this subchapter‑‑

(i) granting temporary, preliminary, or permanent relief;

(ii) providing an auxiliary aid or service, modification of policy, practice, or procedure, or alternative method;  and

(iii) making facilities readily accessible to and usable by individuals with disabilities;

(B) may award such other relief as the court considers to be appropriate, including monetary damages to persons aggrieved when requested by the Attorney General;  and

(C) may, to vindicate the public interest, assess a civil penalty against the entity in an amount‑‑

(i) not exceeding $50,000 for a first violation;  and

(ii) not exceeding $100,000 for any subsequent violation.

(3) Single violation

For purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the covered entity has engaged in more than one discriminatory act shall be counted as a single violation.

(4) Punitive damages

For purposes of subsection (b)(2)(B) of this section, the term "monetary damages" and "such other relief" does not include punitive damages.

(5) Judicial consideration

In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this chapter by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for an appropriate type of auxiliary aid needed to accommodate the unique needs of a particular individual with a disability.

42 U.S.C. 12205. Attorney's fees

In any action or administrative proceeding commenced pursuant to this chapter, the court or agency, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee, including litigation expenses, and costs, and the United States shall be liable for the foregoing the same as a private individual.

42 U.S.C. 12211. Definitions

(a) Homosexuality and bisexuality

 For purposes of the definition of "disability" in section 12102(2) of this title, homosexuality and bisexuality are not impairments and as such are not disabilities under this chapter.

(b) Certain conditions

 Under this chapter, the term "disability" shall not include‑‑

(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

(2) compulsive gambling, kleptomania, or pyromania;  or

(3) psychoactive substance use disorders resulting from current illegal use of drugs.

29 U.S.C  794. Nondiscrimination under Federal grants and programs

(a) Promulgation of rules and regulations

 No otherwise qualified individual with a disability in the United States, as defined in section 706(20)  > [FN1] of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service.  The head of each such agency shall promulgate such regulations as may be necessary

to carry out the amendments to this section made by the Rehabilitation, Comprehensive Services, and Developmental Disabilities Act of 1978.  Copies of any proposed regulation shall be submitted to appropriate authorizing committees of the Congress, and such regulation may take effect no earlier than the thirtieth day after the date on which such regulation is so submitted to such committees.

(b) "Program or activity" defined

 For the purposes of this section, the term "program or activity" means all of the operations of‑‑

  (1)(A) a department, agency, special purpose district, or other instrumentality of a State or of a local government;  or

  (B) the entity of such State or local government that distributes such assistance and each such department or agency (and each other State or local government entity) to which the assistance is extended, in the case of assistance to a State or local government;

  (2)(A) a college, university, or other postsecondary institution, or a public system of higher education;  or

  (B) a local educational agency (as defined in section 8801 of Title 20) system of vocational education, or other school system;

  (3)(A) an entire corporation, partnership, or other private organization, or an entire sole proprietorship‑‑

   (i) if assistance is extended to such corporation, partnership, private organization, or sole proprietorship as a whole;  or

   (ii) which is principally engaged in the business of providing education, health care, housing, social services, or parks and recreation;  or

  (B) the entire plant or other comparable, geographically separate facility to which Federal financial assistance is extended, in the case of any other corporation, partnership, private organization, or sole proprietorship;  or

  (4) any other entity which is established by two or more of the entities described in paragraph (1), (2), or (3);

any part of which is extended Federal financial assistance.

(c) Significant structural alterations by small providers

 Small providers are not required by subsection (a) of this section to make significant structural alterations to their existing facilities for the purpose of assuring program accessibility, if alternative means of providing the

services are available.  The terms used in this subsection shall be construed with reference to the regulations existing on March 22, 1988.

(d) Standards used in determining violation of section

 The standards used to determine whether this section has been violated in a complaint alleging employment discrimination under this section shall be the standards applied under title I of the Americans with Disabilities Act of 1990 (> 42 U.S.C. 12111 et seq.) and the provisions of sections 501 through 504, and 510, of the Americans with Disabilities Act of 1990 (> 42 U.S.C. 12201‑ > 12204 and > 12210), as such sections relate to employment.

UNITED STATE CODE OF FEDERAL REGULATIONS  (CFR)  referenced

29 CFR  1630.2 Definitions.

 (a) Commission means the Equal Employment Opportunity Commission established by section 705 of the Civil Rights Act of 1964 (> 42 U.S.C. 2000e‑4).

 (b) Covered Entity means an employer, employment agency, labor organization, or joint labor management committee.

 (c) Person, labor organization, employment agency, commerce and industry affecting commerce shall have the same meaning given those terms in section 701 of the Civil Rights Act of 1964 (> 42 U.S.C. 2000e).

 (d) State means each of the several States, the District of Columbia, the

Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

 (e) Employer‑‑

 (1) In general.  The term employer means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, from July 26, 1992 through July 25, 1994, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year and any agent of such person.

 (2) Exceptions.  The term employer does not include‑‑

 (i) The United States, a corporation wholly owned by the government of the United States, or an Indian tribe;  or

 (ii) A bona fide private membership club (other than a labor organization) that is exempt from taxation under > section 501(c) of the Internal Revenue Code of 1986.

 (f) Employee means an individual employed by an employer.

 (g) Disability means, with respect to an individual‑‑

 (1) A physical or mental impairment that substantially limits one or more of the major life activities of such individual;

 (2) A record of such an impairment;  or

 (3) being regarded as having such an impairment.

(See S 1630.3 for exceptions to this definition).

 (h) Physical or mental impairment means:

 (1) 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, genito‑urinary, hemic and lymphatic, skin, and endocrine;  or

 (2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

 (i) Major Life Activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

 (j) Substantially limits‑‑

 (1) The term substantially limits means:

 (i) Unable to perform a major life activity that the average person in the general population can perform;  or

 (ii) 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.

 (2) The following factors should be considered in determining whether an individual is substantially limited in a major life activity:

 (i) The nature and severity of the impairment;

 (ii) The duration or expected duration of the impairment;  and

 (iii) The permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment.

 (3) With respect to the major life activity of working‑‑

 (i) The term substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.  The inability to perform a single, particular job does not constitute a substantial limitation in the major life activity of working.

 (ii) In addition to the factors listed in paragraph (j)(2) of this section, the following factors may be considered in determining whether an individual is substantially limited in the major life activity of "working":

 (A) The geographical area to which the individual has reasonable access;

 (B) The job from which the individual has been disqualified because of an impairment, and the number and types of jobs utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment (class of jobs); and/or

 (C) The job from which the individual has been disqualified because of an impairment, and the number and types of other jobs not utilizing similar training, knowledge, skills or abilities, within that geographical area, from which the individual is also disqualified because of the impairment (broad range of jobs in various classes).

 (k) Has a record of such impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

 (l) Is regarded as having such an impairment means:

 (1) 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;

 (2) 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

 (3) Has none of the impairments defined in paragraphs (h) (1) or (2) of this section but is treated by a covered entity as having a substantially limiting impairment.

 (m) 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.  (See S 1630.3 for exceptions to this definition).

 (n) Essential functions‑‑

 (1) In general.  The term essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. The term "essential functions" does not include the marginal functions of the position.

 (2) A job function may be considered essential for any of several reasons, including but not limited to the following:

 (i) The function may be essential because the reason the position exists is to perform that function;

 (ii) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed;  and/or

 (iii) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.

 (3) Evidence of whether a particular function is essential includes, but is not limited to:

 (i) The employer's judgment as to which functions are essential;

 (ii) Written job descriptions prepared before advertising or interviewing applicants for the job;

 (iii) The amount of time spent on the job performing the function;

 (iv) The consequences of not requiring the incumbent to perform the function;

 (v) The terms of a collective bargaining agreement;

 (vi) The work experience of past incumbents in the job;  and/or

 (vii) The current work experience of incumbents in similar jobs.

 (o) Reasonable accommodation.

 (1) The term reasonable accommodation means:

 (i) 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

 (ii) 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

 (iii) 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.

 (2) Reasonable accommodation may include but is not limited to:

 (i) Making existing facilities used by employees readily accessible to and usable by individuals with disabilities;  and

 (ii) Job restructuring;  part‑time or modified work schedules;  reassignment to a vacant position;  acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examinations, training materials, or policies;  the provision of qualified readers or interpreters;  and other similar accommodations for individuals with disabilities.

 (3) To determine the appropriate reasonable accommodation it may be necessary for the covered entity to initiate an informal, interactive process with the qualified individual with a disability in need of the accommodation.  This process should identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.

 (p) Undue hardship‑‑

 (1) In general.  Undue hardship means, with respect to the provision of an accommodation, significant difficulty or expense incurred by a covered entity, when considered in light of the factors set forth in paragraph (p)(2) of this section.

 (2) Factors to be considered.  In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include:

 (i) The nature and net cost of the accommodation needed under this part, taking into consideration the availability of tax credits and deductions, and/or outside funding;

 (ii) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, and the effect on expenses and resources;

 (iii) The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees, and the number, type and location of its facilities;

 (iv) The type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity, and the geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity;  and

 (v) The impact of the accommodation upon the operation of the facility, including the impact on the ability of other employees to perform their duties and the impact on the facility's ability to conduct business.

 (q) Qualification standards means the personal and professional attributes including the skill, experience, education, physical, medical, safety and other requirements established by a covered entity as requirements which an individual must meet in order to be eligible for the position held or desired.

 (r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.  The determination that an individual poses a "direct threat" shall be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job.  This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.  In determining whether an individual would pose a direct threat, the factors to be considered include:

 (1) The duration of the risk;

 (2) The nature and severity of the potential harm;

 (3) The likelihood that the potential harm will occur;  and

 (4) The imminence of the potential harm.

 NEVADA STATE STATUTES referenced

NRS  233.010 Declaration of public policy.

1. It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the state, and to foster the right of all persons reasonably to seek, obtain and hold employment and housing accommodations, and reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, national origin or ancestry.

2. It is recognized that the people of this state should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this state.

NRS  233.140 Commission: Duties.

The commission shall:

1. Foster mutual understanding and respect among all racial, religious, disabled and ethnic groups and between the sexes in the state.

2. Aid in securing equal health and welfare services and facilities for all the residents of the state without regard to race, religion, sex, age, disability or nationality.

3. Study problems arising between groups within the state which may result in tensions, discrimination or prejudice because of race, color, creed, sex, age, disability, national origin or ancestry, and formulate and carry out programs

of education and disseminate information with the object of discouraging and eliminating any such tensions, prejudices or discrimination.

 4. Secure the cooperation of various racial, religious, disabled, nationality and ethnic groups, veterans' organizations, labor organizations, business and industry organizations and fraternal, benevolent and service groups, in educational campaigns devoted to the need for eliminating group prejudice, racial or area tensions, intolerance or discrimination.

 5. Cooperate with and seek the cooperation of federal and state agencies and departments in carrying out projects within their respective authorities to eliminate intergroup tensions and to promote intergroup harmony.

NRS  281.370 Actions concerning personnel to be based on merit and fitness; discrimination prohibited.

1. All personnel actions taken by state, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof must be based solely on merit and fitness.

2. State, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment or discriminate against any person in compensation or in other terms or conditions of employment because of his

race, creed, color, national origin, sex, age, political affiliation or disability, except when based upon a bona fide occupational qualification.

3. As used in this section, "disability" means, with respect to a person:

(a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

(b) A record of such an impairment; or

(c) Being regarded as having such an impairment.

NRS  422.396 Establishment and administration of program; application for federal waiver;

adoption of regulations.

1. The department, through a division of the department designated by the director, shall establish and administer a program to provide community‑based services necessary to enable a person with a physical disability to remain in his home or with his family and avoid placement in a facility for long‑term care. The department shall contract with the department of employment, training and rehabilitation to coordinate the provision of community‑based services pursuant to this section.

2. The department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1396n(c) that authorizes the department to amend the state plan for Medicaid adopted by the department pursuant to NRS 422.271 in order to authorize the department to include as medical assistance under the state plan the following services for persons with physical disabilities:

(a) Respite care;

(b) Habilitation;

(c) Residential habilitation;

(d) Environmental modifications;

(e) Supported living;

(f) Supported living habilitation;

(g) Supported personal care; and

(h) Any other community‑based services approved by the Secretary of Health and Human Services.The department shall cooperate with the Federal Government in obtaining a waiver pursuant to this subsection.

3. The department shall, in consultation with department of employment, training and rehabilitation, adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for the services provided pursuant to the program. Before adopting regulations pursuant to this section, the department shall solicit comments from persons with a variety of disabilities and members of the families of those persons.

NRS  613.330 Unlawful employment practices: Discrimination or segregation on basis of race, sex, age or disability; refusal to permit guide, hearing or helping dog or other service animal at place of employment.

1. Except as otherwise provided in > NRS 613.350, it is an unlawful employment practice for an employer:

(a) To fail or refuse to hire or to discharge any person, or otherwise to discriminate against any person with respect to his compensation, terms, conditions or privileges of employment, because of his race, color, religion, sex, age, disability or national origin; or

(b) To limit, segregate or classify employees in any way which would deprive or tend to deprive any person of employment opportunities or otherwise adversely affect his status as an employee, because of his race, color, religion, sex, age, disability or national origin.

 2. It is an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any person because of his race, color, religion, sex, age, disability or national origin, or to classify or refer for employment any person on the basis of his race, color, religion, sex, age, disability or national origin.

 3. It is an unlawful employment practice for a labor organization:

(a) To exclude or to expel from its membership, or otherwise to discriminate against, any person because of his race, color, religion, sex, age, disability or national origin;

(b) To limit, segregate or classify its membership, or to classify or fail or refuse to refer for employment any person, in any way which would deprive or tend to deprive him of employment opportunities, or would limit his employment opportunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of his race, color, religion, sex, age, disability or national origin; or

(c) To cause or attempt to cause an employer to discriminate against any person in violation of this section.

 4. It is an unlawful employment practice for any employer, labor organization or joint labor‑management committee controlling apprenticeship or other training or retraining, including on‑the‑job training programs, to discriminate against any person because of his race, color, religion, sex, age, disability or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

5. It is an unlawful employment practice for any employer, employment agency, labor organization or joint labor‑management committee to discriminate against persons with physical, aural or visual disabilities by interfering, directly or indirectly, with the use of an aid or appliance, including a guide dog, hearing dog, helping dog or other service animal by such a person.

6. It is an unlawful employment practice for an employer, directly or indirectly, to refuse to permit an employee with a visual or aural disability to keep his guide dog, hearing dog or other service animal with him at all times in his place of employment.

7. For the purposes of this section, the terms "guide dog," "hearing dog,"  "helping dog" and "service animal" have the meanings ascribed to them respectively in > NRS 426.075, > 426.081, > 426.083 and > 426.097.

NRS  616B.515 Authority of manager to contract with organizations for managed care; competitive bidding required; discriminatory practices prohibited.

1. Except as otherwise provided in NRS 616B.518, the manager may enter into a contract or contracts with one or more organizations for managed care, including health maintenance organizations, to provide comprehensive medical and health care services to injured employees whose employers are insured by the system for injuries and diseases that are compensable under chapters 616A to 617, inclusive, of NRS. The contract or contracts must be awarded pursuant to reasonable competitive bidding procedures as established by the manager.

2. After the selection of an organization for managed care, the bids received by the manager and the records related to the bidding are subject to review by any member of the public upon request.

3. An organization for managed care or a health maintenance organization shall not discriminate against or exclude a provider of health care from participation in the organization’s proposed plan for providing medical and health care services because of race, creed, sex, national origin, age or disability.

NRS  629.091 Personal assistant authorized to perform certain services for person with

physical disability if approved by provider of health care; requirements.

1. Except as otherwise provided in subsection 4, a provider of health care may authorize a person to act as a personal assistant to perform specific medical, nursing or home health care services for a person with a physical disability without obtaining any license required for a provider of health care or his assistant to perform the service if:

(a) The services to be performed are services that a person without a physical disability usually and customarily would personally perform without the assistance of a provider of health care;

(b) The provider of health care determines that the personal assistant has the knowledge, skill and ability to perform the services competently;

(c) The provider of health care determines that the procedures involved in providing the services are simple and the performance of such procedures by the personal assistant does not pose a substantial risk to the person with a physical disability;

(d) The provider of health care determines that the condition of the person with a physical disability is stable and predictable; and

(e) The personal assistant agrees with the provider of health care to refer the person with a physical disability to the provider of health care if:

(1) The condition of the person with a physical disability changes or a new medical condition develops;

(2) The progress or condition of the person with a physical disability after the provision of the service is different than expected;

(3) An emergency situation develops; or

(4) Any other situation described by the provider of health care develops.

2. A provider of health care that authorizes a personal assistant to perform certain services shall note in the medical records of the person with a physical disability who receives such services:

(a) The specific services that he has authorized the personal assistant to perform; and

(b) That the requirements of this section have been satisfied.

3. After a provider of health care has authorized a personal assistant to perform specific services for a person with a physical disability, no further authorization or supervision by the provider is required for the continued provision of those services.

4. A personal assistant shall not:

(a) Perform services pursuant to this section for a person with a physical disability who resides in a medical facility.

(b) Perform any medical, nursing or home health care service for a person with a physical disability which is not specifically authorized by a provider of health care pursuant to subsection 1.

5. A provider of health care who determines in good faith that a personal assistant has complied with and meets the requirements of this section is not liable for civil damages as a result of any act or omission, not amounting to gross negligence, committed by him in making such a determination and is not liable for any act or omission of the personal assistant.

6. As used in this section:

(a) "Personal assistant" means a person who, under the direction of a person with a physical disability and for compensation, performs services for the person with a physical disability to help him maintain his independence, personal hygiene and safety.

(b) "Provider of health care" means a physician licensed pursuant to chapter 630, 630A or 633 of NRS, a dentist, a registered nurse, a licensed practical nurse, a physical therapist or an occupational therapist.

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