Appendix D

State Disability Legislation

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Table D.1 State Disability Legislation

Current covered employer, definitions of disability, and State Legislation exceptions

Alabama Title 21 Handicapped No definitions available

Persons, Acts 1975, Chapter 7 Rights of Blind and Otherwise Physically Disabled Persons Source: Michie's Alabama Code 1975, Volume 14A, 1997 Replacement Volume.

Alaska

Title 18 Health, Safety, and Housing, Chapter 80 State Commission for Human Rights, Article 4 Discriminatory Practices Prohibited

Language referring to disability added in 1987 Source: Alaska Statutes 1962, Volume 5 (1998).

Employer: person including state, political subdivision of state, one or more employees Disability: physical or mental impairment that substantially limits one or more major life activities; a history of, or a misclassifi cation as having such; an impairment treated as a limitation, regarded by others as such; condition requiring use of prosthesis, special equipment or service animal

Exclusions: fraternity, charitable, educational, or religious associations or corporations, if not organized for private profit, domestic employment

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Arizona

Title 41 State Government, Chapter 9 Civil Rights, Article 4 Discrimination in Employment

Language referring to disability added in 1985 Source: Arizona Revised Statutes Annotated, Volume 12B (1999).

Employer: has 15 or more employees, working for 20 or more calendar weeks

Disability: a physical impairment, a record of physical impairment, being regarded as having a physical impairment

Exclusions: U.S. government, departments, agencies; corporations, Indian tribes; private associations; employers of aliens; religious entities

Arkansas

Title 16 Practice, Procedure, and Courts, Subtitle 7 Particular Proceedings and Remedies, Chapter 123 Civil Rights, Subchapter 1 The Arkansas Civil Rights Act of 1993

Source: Arkansas Code of 1987 Annotated, 1999 Supplement Volume 16. Title 20 Public Health and Welfare, Chapter 14 Disabled People, Subchapter 3 Rights General, Section 301 Policy (public employers only)

Source: Arkansas Code of 1987 Annotated, 2000 Replacement Volume 20 A.

Employer: employs nine or more employees, 20 or more calendar weeks

Disability: a physical or mental impairment that substantially limits a major life function

Exclusions: employment by a religious corporation, association, society, or other religious entity, family employment

State

Legislation

Current covered employer, definitions of disability, and exceptions

California

Title 2 Government of the State of California, Division 3 Part 2.8 Department of Fair Employment and Housing

Article added in 1980

Source: West's Annotated California

Codes—Government Code, Sections 12300-14599 (1992).

Employer: regularly employs five or more persons or representative agents, the state, political or civil subdivision thereof, and cities; for purposes of mental disability, employs 15 or more persons

Disability: includes mental and psychological disorder; health impairment affecting the body systems, or limits an individual's ability to participate in major life activities; other health impairment requiring special education or related services; being regarded as having or having had such health impairment; being regarded as having or having had such health impairment that may become a disability

Exclusions: religious organizations and not-forprofit private corporations, family employment

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Colorado

Connecticut

Administrative and Organization Act of 1968 Title 24 Government—State, Article 34 Department of Regulatory Services, Part 3 Colorado Civil Rights Division—Commission— Procedures and Part 4 Employment Practices

Physical impairment provision was in place in 1979; amended after July 1, 1992, to include mental impairment for different articles

Source: Colorado Revised Statutes 1997, Volume 7.

Title 46a Human Rights, Chapter 814c Human Rights and Opportunities In 1973 discrimination based on physical disability including blindness was made unfair employment practice Source: Connecticut General Statutes Annotated, Volume 21B (1995).

Employer: state of Colorado and any political subdivision, commission, institution, or school district thereof, every other person employing persons within the state

Disability: physical impairment which substantially limits one or more of a person's major life activities, includes record of and being regarded as having such an impairment; mental impairment means mental or psychological disorder Exclusions: religious organizations except those supported by public funds, domestic employment

Employer: includes state and political divisions and any person/employer with three or more persons in employ

Disability: any individual who has any chronic physical handicap, infirmity, or impairment

Exclusions: family employment, domestic

State

Legislation

Current covered employer, definitions of disability, and exceptions

Delaware

Title 19 Labor, Chapter 7 Employment Practices, Subchapter 3 Handicapped Persons Employment Protections

Handicapped section added on July 11, 1988 Source: Delaware Code Annotated, Revised 1974, Volume 11, 1995 Replacement Volume. Title 16 Health and Safety, Chapter 95, Delaware White Cane Law, Section 9501 Public Safety; White Cane Day (public employers only) Source: Delaware Code Annotated, Revised 1974, Volume 9, 1995, Replacement Volume.

Employer: state or any political subdivision, or board, department, commission or school district thereof, and any person employing 20 or more persons, 20 or more calendar weeks

Disability: having physical or mental impairment which substantially limits one or more major life activities, has a record of such or is regarded as having such an impairment

Exclusions: agriculture, domestic employment, family employment

Florida

Title XLIV Civil Rights, Chapter 760 Discrimination in the Treatment of Persons; Minority Representation, Part 1 Florida Civil Rights Act Provided for discrimination based on handicap in 1977 Source: West's Florida Statutes Annotated, Volume 21A (1997).

Employer: person employing 15 or more employees, 20 or more calendar weeks, any agent for such a person

No other definitions available

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Georgia

Hawaii

Title 34, Chapter 6A Equal Employment for Persons with Disabilities Act passed in 1981 Source: Official Code of Georgia Annotated, Volume 21, 1998 Edition.

Title 45, Chapter 19 Labor Practices, Article 2 Fair Employment Practices

Act passed in 1978 (public employers only)

Source: Official Code of Georgia Annotated, Volume 33, 1990 Edition.

Title 21 Labor and Industrial Relations, Chapter 378 Employment Practices, Part 1 Discriminatory Practices

Initially passed in 1981 with reference to physical handicap

Source: Hawaii Revised Statutes, Volume 7, 1993 Replacement.

Employer: person or governmental unit or officer, or agent of an employer, having 15 or more individuals employed, 20 or more calendar weeks

Disability: any condition or characteristic that renders a person an individual with disabilities

Exclusions: no exclusions available

Employer: any person, including state or political subdivisions, any agent of such a person, having one or more employees Disability: the state of having a physical or mental impairment which substantially limits one or more major life activities, having a record of such an impairment, or being regarded as having such an impairment

Exclusions: U.S. government, religious organizations

State

Legislation

Current covered employer, definitions of disability, and exceptions

Idaho

Illinois

Title 67 State Government and State Affairs, Chapter 59, Commission on Human Rights

Language added in 1988 referring to handicap Source: Idaho Code, Volume 11 (1995).

Title 56 Public Assistance and Welfare, Chapter 7 Rights of Blind and Physically Handicapped Persons, Section 56-707

Initially passed in 1969 (public employers only)

Source: Idaho Code, Volume 10 (1999).

Chapter 775 Human Rights, Act 5 Illinois Human Rights Act

Effective July 1, 1980, with handicapped provisions in place

Source: West's Illinois Smith and Hurd Illinois Compiled Statutes Annotated, Chapter 765 to 799(1993).

Employer: person who hires 5 or more employees, 20 or more calendar weeks

Disability: physical or mental condition which constitutes a substantial limitation to that person, person with disability is one with such a disability, has record of such, or is regarded as having such a disability

Exclusions: domestic employment, religious organizations

Employer: employs 15 or more employees, 20 or more calendar weeks, employing one or more employees when a handicap discriminatory complaint is made, without regard to number of employees for governmental unit or agency, or any party to a public contract

Disability: determinable physical or mental characteristic of a person which is unrelated to a person's ability to perform a particular job or position Exclusions: religious entities, domestic servants, elected public officials (as employers)

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Indiana

Title 22 Labor and Industrial Safety, Article 9 Civil Rights, Chapter 5 Employment Discrimination against Disabled Persons Handicap language added in 1975

Source: Burns Indiana Statutes Annotated, Title 22, Articles 4-15, 1997 Replacement Volume.

Employer: state or any political or civil subdivision thereof and any person engaged in industry affecting commerce having 15 or more employees, 20 calendar weeks

Disability: physical or mental impairment that substantially limits at least one of the major life activities, a record of an impairment or being regarded as having an impairment Exclusions: U.S. government or corporation owned by the government of the U.S.A. or an Indian tribe, and a private membership club other than labor organization, religious corporation

State

Legislation

Current covered employer, definitions of disability, and exceptions

Iowa

Title VI Human Services, Subtitle 1 Social Justice and Human Rights, Chapter 216 Civil Rights Commission, Section 216.6 Unfair Employment Practices Iowans with Disabilities Act 1995

Ch. 216 was transferred from Ch. 601A, Civil Rights Commission, Code 1991

Legislation initially passed in 1972

Source: Iowa Code Annotated, Volume 10A, 1999 Cumulative Annual Pocket Part.

Title VI Human Services, Subtitle 1 Social Justice and Human Rights, Chapter 216 C Rights of Blind, Partially Blind and Physically Disabled Persons, Section 216C.1, 216C.2

Transferred from Ch. 601D Rights of Blind and Physically Disabled, Code of 1991 In place by 1971 (public employers only)

Source: Iowa Code Annotated, Volume 10A, 1994.

Employer: state, political subdivision board, commission, department, institution, or school district thereof, and every other person employing employees within the state

Disability: physical or mental condition of a person which constitutes a substantial handicap; extends definition of disabled to include HIV / AIDS person

Exclusions: employers with fewer than 4 employees, family employment, personal service to person of the employer and religious entities

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Kansas

Chapter 44 Labor and Industries, Article 10 Kansas Acts against Discrimination

Included physical handicap in 1974

Source: Kansas Statutes Annotated, Volume 3A (1993).

Employer: any person in the state employing four or more persons, includes any person acting directly or indirectly for an employer, labor organizations, nonsectarian corporations, organizations engaged in social work and the state and political and municipal subdivisions; excludes nonprofit fraternal or social associations or corporations

Disability: a physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of such or being regarded as having such an impairment

Exclusions: family employment and domestic

State

Legislation

Current covered employer, definitions of disability, and exceptions

Kentucky

Louisiana

Title 27 Labor and Human Rights, Chapter 344 Civil Rights

Disability provision effective in 1992

Source: Michie' s Kentucky Revised Statutes, Volume 12A, 1997 Replacement.

Title 17 Economic Security and Public Welfare, Chapter 207 Aid to the Needy Blind—Equal Opportunities, Section150 Prohibited Employment Practices—Exceptions

Disability section added in 1976

(public employers only) Source: Michie' s Kentucky Revised Statutes, Volume 8B, 1998 Replacement.

Title 23 Labor and Workers' Compensation, Chapter 3-A Prohibited Discrimination in Employment, Part III Disability

Legislation initially passed in 1980

Source: West's Louisiana Statutes Revised Annotated, Volume 15D (1998).

Employer: person engaged in an industry affecting commerce who has 15 or more employees, at least 20 weeks per year for purposes of disability discrimination and any agent of that person; otherwise 8 weeks

Disability: physical or mental impairment that substantially limits one or more of the major life activities of an individual, a record of such or being regarded as having such an impairment

Exclusions: U.S. government, U.S. government corporation, Indian tribe, bona fide private membership club

Employer: employs 15 or more employees, 20 or more calendar weeks; refers to person, association, legal or commercial entity, state and its agencies receiving services from an employee and giving compensation in return

Disability: any person with physical or mental impairment limiting one or more of the major life activities, or has record of such, or is regarded as having such an impairment Exclusions: family or domestic employment

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Maine

Maryland

Title 5, Administrative Procedures and Services, Part 12 Human Rights, Chapter 337 Human Rights Act, Subchapter 3, Fair Employment

Physical handicap language in place in 1973

Source: Maine Revised Statutes Annotated, Volume 2A, Title 5, 1998 Supplementary Pamphlet.

Article 49B Human Relations Commission, Discrimination in Employment

Disability language added in 1974

Source: Michie's Annotated Code of Maryland 1957, Volume 4, 1999 Supplement.

Employer: includes any person in the state employing any number of employees, whatever the place of employment, and any person outside this state whose employees' place of employment is within the state; labor organization

Disability: has physical or mental disability, has a record of or is regarded as having a physical or mental disability Exclusions: none for purposes of disability

Employer: a person engaged in an industry or business with 15 or more employees, 20 or more calendar weeks, includes state

Disability: any physical disability, infirmity, malformation or disfigurement, and any mental impairment or deficiency

Exclusions: bona fide private membership club; elected public officials, their chosen personnel staff, appointee, or immediate advisor (as employees)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Massachusetts

Michigan

Chapter 151B Unlawful Discrimination because of race, color, religious creed, national origin, ancestry or sex

In 1983 added language and section to include discrimination against handicapped

Source: Massachusetts General Laws Annotated, Volume 22A Chapter 151-151E (1996).

Chapter 37 Civil Rights, Persons with Disabilities Civil Rights Act, Article 2 Employment Act passed in 1976

Source: Michigan Compiled Laws, 1999 Cumulative Annual Pocket Part.

Employer: employs six or more persons, the commonwealth and all political subdivisions, boards, departments and commissions thereof

Disability: physical or mental impairment which substantially limits one or more major life activities of a person, a record of such or being regarded as having such impairment

Exclusions: social clubs, private nonprofit organizations, religious organizations, family and domestic employment

Employer: any person who has one or more employees, includes contractor/ subcontractor to state/ government entity

Disability: a determinable physical or mental characteristic of an individual substantially limiting one or more of the major life activities of that individual and is unrelated to the individual's abilities to perform the duties of a particular job or position, qualifications for employment or promotion; a history of such or being regarded as having a determinable physical or mental characteristic

Exclusions: domestic employment

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Minnesota

Human Rights Chapter 363 Division 03 Department of Human Rights

Disability language added in 1973

Source: Minnesota Statutes Annotated, Volume 22B (1991).

Employer: a person who has one or more employees Disability: a physical, sensory or mental impairment which materially limits one or more major life activities, has record of or is regarded as having such an impairment

Exclusions: family employment, domestic employment, religious and certain other associations

Mississippi Title 43 Public Welfare,

Chapter 6 Rights and Liabilities of Blind and Other Handicapped Persons, Article 1 General Provisions, Section 15 Employment Discrimination Act passed in 1974 (public employers only) Source: West's Mississippi Code Annotated, Volume 14 (1999).

Employers: state service, political subdivisions, public schools, employment supported whole or in part by public funds

No other definitions available

State

Legislation

Current covered employer, definitions of disability, and exceptions

Missouri

Title 12 Public Health and Welfare, Chapter 213, Human Rights

Language to include handicap added in 1978.

Source: Vernon's Annotated Missouri Statutes, Volume 12B 1999 Cumulative Annual Pocket Part.

Title 12 Public Health and Welfare, Chapter 209 Aid to the Blind—Rights of Persons With Visual, Hearing or Physical Disabilities, Section 180

Section added in 1977 (public employers only) Source: Vernon's Annotated Missouri Statutes, Volume 12A 1996.

Employer: includes state, political division, any person employing six or more persons within the state and any person acting directly in the interest of an employer

Disability: physical or mental impairment which substantially limits one or more of a person' s major life activities, being regarded as having such an impairment or a record of such impairment which with or without reasonable accommodation does not interfere with performing the job

Exclusions: religious or sectarian corporations and associations

Montana

Title 49 Human Rights

Enacted in 1974 with handicap provisions in place

Source: Montana Code Annotated 1991, Volume 8.

Employer: an employer of one or more persons or an agent of the employer Disability: physical or mental impairment, a record of or a condition regarded as such an impairment

Exclusions: associations for nonprofit or those providing exclusive membership

196 Hotchkiss Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Nebraska

Nevada

Chapter 48, Labor, Article 11 Nebraska Fair Employment Practice Act

Disability provisions added in 1973.

Source: Revised Statutes of Nebraska Annotated, Volume 12 (1995).

Chapter 20 Civil Rights, Article 1 Individual Rights, (B) Persons with Disabilities, Section 131 Employment by State and Political Subdivisions; Policy

Act passed in 1971 (public employers only)

Source: Revised Statutes of Nebraska Annotated, Volume 14A (1999) Replacement Volume.

Title 53 Labor and Industrial Relations, Chapter 613-Employment Practices, Equal Opportunities for Employment

Handicapped language and provisions added in 1971

Source: Nevada Revised Statutes Annotated, Volume 16 (1996).

Employer: a person engaged in an industry who has 15 or more employees, 20 or more calendar weeks, any agent of such a person, any party whose business is financed in part or whole under the Nebraska Investment Finance Act regardless of number of employees; includes state, agencies and political subdivisions

Disability: physical or mental impairment that substantially limits one or more of the major life activities of such an individual, a record of such or being regarded as having such an impairment

Exclusions: U.S.A., U.S. government corporations, Indian tribe corporations, bona fide private membership clubs exempt from taxation, religious organizations, family employment, domestic employment

Employer: any person who has 15 or more employees for 20 weeks in current or previous year

Disability: physical or mental impairment that substantially limits one or more of the major life activities of the person, a record of such an impairment or being regarded as having such an impairment

Exclusions: U.S.A., U.S. government corporations, Indian tribes, tax exempt private membership clubs, religious organizations

State

Legislation

Current covered employer, definitions of disability, and exceptions

New Hampshire

New Jersey

Title 31, Trade and Commerce, Chapter 354A State Commission for Human Rights, Equal Employment Opportunity

Law against discrimination regarding physical or mental handicap approved June 23, 1975

Source: New Hampshire Revised Statutes Annotated 1995, Title 31.

Title 10 Civil Rights, Chapter 5 Law against Discrimination, Section 29.1

Last amendments effective March 2, 1978 Source: New Jersey Statutes Annotated, Title 9-11A (1993).

Employer: employs six or more persons, all state, political subdivisions, boards, departments and commissions thereof Disability: physical or mental impairment which substantially limits one or more of such person's major life activities, a record of having such an impairment or being regarded as having such an impairment Exclusions: social clubs, fraternal, charitable, educational or religious associations, and nonprofit corporations

Employer: all corporations and organizations including the state, any political or civil subdivision thereof, and all public officers, agencies, boards, or bodies

Disability: suffering from physical disability, infirmity, malformation or disfigurement etc., includes HIV/AIDS sufferers Exclusions: domestic servant and family employment

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

New Mexico Chapter 28 Human Rights,

Article 1 Human Rights Handicap language added in 1973. Act effective until July 1, 2000

Source: New Mexico Statutes 1978 Annotated, Volume 5, 1996 Replacement Pamphlet.

Employer: any person employing four or more persons and any person acting for an employer

Disability: physical or mental impairment that substantially limits one or more of an individual's major life activities, has record of or is regarded as having such Exclusions: no exclusions available

New York

North Carolina

Article 15 Human Rights Law Disability language added in 1974

Source: McKinney's Consolidated Laws of New York Annotated, Book 18, Executive Law (1993).

Chapter 168A Handicapped Persons Protection Act

Act passed in 1985 with provisions in place Source: General Statutes of North Carolina Annotated, Volume 21, Chapters 160-168A (1944-1999).

Employer: minimum four employees

Disability: physical, mental or medical impairment, a record of such impairment, or a condition regarded by others as such an impairment

Exclusions: family or domestic employment

Employer: any person employing 15 or more fulltime employees within the state

Disability: any person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment

Exclusions: domestic or farm workers at that person's home or farm

State

Legislation

Current covered employer, definitions of disability, and exceptions

North Dakota

Ohio

Title 14 Domestic Relations and Persons, Chapter 14-02.4 Human Rights Initially passed in 1983 Source: North Dakota Century Code Annotated, Volume 3A, 1997 Replacement.

Title 41 Labor and Industry, Chapter 4112 Civil Rights Commission

Language in place in 1976

Source: Page's Ohio Revised Code Annotated, Title 41 Labor and Industry, 1998 Replacement Volume.

Employer: person within the state who employs one or more employees for more than one quarter of the year within the state and a person wherever situated who employs one or more employees whose services are to be partially or wholly performed in the state

Disability: physical or mental impairment that substantially limits one or more major life activities, a record of impairment, or being regarded as having impairment

Exclusions: elected public officials, person chosen by the officer/an appointee, or advisor (as employees)

Employer: includes state, any political subdivision of the state, any person employing four or more persons within the state, and any person acting directly or indirectly in the interest of an employer Disability: physical or mental impairment that substantially limits one or more major life activities, has record or is regarded as having such an impairment

Exclusions: domestic service

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Oklahoma

Oregon

Title 25 Definitions and General Provisions, Chapter 21 Discrimination, Article 3 Discrimination in Employment In 1981 language added definition and prohibited handicap discrimination

Source: Oklahoma Statutes Annotated (1987).

Title 51 (Part 2) Labor and Industrial Relations, Chapter 659 Enforcement of Civil Rights; Unlawful Employment Practices, Civil Rights of Physically and Mentally Handicapped Language added in 1973 Source: Oregon Revised Statutes Annotated (1989).

Employer: person who has 15 or more employees, 20 or more calendar weeks, includes contractor/ subcontractor for the state or a government entity or agency of the state and includes agent of such a person

Disability: physical or mental impairment which substantially limits one or more of such person's major life activities, has a record of or is regarded as having such an impairment Exclusions: Indian tribes, nonprofit bona fide membership club, family, domestic and religious employment

Employer: any person that employs six or more persons and includes the state, counties, cities, districts, authorities, public corporations and entities and their instrumentalities Disability: physical or mental impairment which substantially limits one or more major life activities, has record or is regarded as having such an impairment

Exclusions: Oregon National Guard

State

Legislation

Current covered employer, definitions of disability, and exceptions

Pennsylvania

Rhode Island

Title 43 Labor, Chapter 17 Human Relations 1974 amendment included disability Source: Purdon's Pennsylvania Statutes Annotated, Title 43-45 (1991).

Title 28 Labor and Labor Relations, Chapter 5 Fair Employment Practices In 1973 initially added language of physical handicap

Source: General Laws of Rhode Island 1956, Reenactment Code of 1995, Volume 5.

Employer: includes commonwealth and any political subdivision, board, department, commission, school district thereof and any person employing four or more persons, includes religious, fraternal, charitable and sectarian corporations and associations

Disability: No definition of disability

Exclusions: corporations or associations supported in whole or part by governmental appropriations

Employer: includes the state and all political subdivisions thereof and any person in the state employing four or more individuals and any person acting in the interest of an employer directly or indirectly

Disability: physical or mental impairment which substantially limits one or more major life activities, has a record of or is regarded as having an impairment Exclusions: family and domestic employment, religious organization

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

South Carolina

Title 1 Administration of the Government, Chapter 13 State Human Affairs Commission

July 6, 1996, amendments included prohibition of discrimination based on disability, declaring it an unlawful employment practice

Source: Code of Laws of South Carolina 1976, Volume 1, 1998 Cumulative Supplement. Title 43 Social Services, Chapter 33 Rights of Physically Disabled Persons, Article 1 In General, Section 60 Policy regarding employment of blind and other physically disabled persons

Article in place in 1972 (public employers only)

Source: Code of Laws of South Carolina 1976, Volume 15.

Employer: any person who has 15 or more employees, 20 or more calendar weeks, any agent of such a person

Disability: physical or mental impairment that substantially limits one or more major life activities, has a record of or is regarded as having an impairment

Exclusions: Indian tribes and bona fide private membership clubs, elected public officials, or any person chosen by such officer

State

Legislation

Current covered employer, definitions of disability, and exceptions

South Dakota Title 20 Personal Rights and

Obligations,

Chapter 13 Human Rights

Previous act regarded employment discrimination based on blindness or partial blindness in 1984. General term ''disability'' added in 1986

Source: South Dakota Codified Laws, Volume 7A, 1995 Revision.

Title 3 Public Officers and Employees, Chapter 3-6A Career Service Personnel Management System, Section 15 Discrimination Prohibited—Violation Misdemeanor Act established in 1973 (public employers only)

Source: South Dakota Codified Laws, Volume 2B, 1994 Revision.

Employee: any person who performs services for any employer for compensation, no minimum number of employees

Disability: physical or mental impairment which substantially limits one or more of the person's major life functions, having record of such or being regarded as having such an impairment Exclusions: qualifications based on religious purpose

Tennessee Title 8 Public Officers and No definitions available

Employees, Chapter 50 Miscellaneous Provisions, Part 1 General Provisions

Legislation initially passed in 1976

Source: Tennessee Code Annotated Volume 3, 1993 Replacement.

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Texas

Utah

Title 2 Protection of Laborers, Subtitle A Employment Discrimination, Chapter 21 Employment Discrimination, Subchapter B Unlawful Employment Practices

Language added in 1989

Source: Vernon's Texas Code Annotated, Labor Code, Volume 1 (1996).

Title 34A Utah Labor Code, Chapter 5 Utah Antidiscrimination Act

Language added in 1979

Source: Utah Code Annotated 1953, Volume 4B, 1997 Replacement.

Employer: a person who is engaged in industry affecting commerce and who has 15 or more employees, 20 or more calendar weeks; an agent of, or an elected public official; includes a county, municipality, state agency, or state instrumentality, including public institution of education, regardless of the number of employees

Disability: physical or mental impairment which substantially limits at least one major life activity of an individual, a record of such impairment, or being regarded as having such Exclusions: elected public officials (as employees)

Employer: the state or any political subdivision or board, commission, department institution, school district, trust, or agent thereof, and every other person employing 15 or more employees, 20 calendar weeks

Disability: physical or mental impairment which substantially limits one or more of a person's major life activities

Exclusions: religious entities

State

Legislation

Current covered employer, definitions of disability, and exceptions

Vermont

Virginia

Title 21 Labor, Chapter 5 Employment Practices, Subchapter 6 Fair Employment Practices Language added in 1981 Source: Vermont Statutes Annotated 1987.

Title 51.5 Persons with Disabilities

Previous title passed in 1972 (public employers only) Source: Code of Virginia 1950 Annotated, Volume 7A, 1998 Replacement Volume.

Employer: any individual, organization, or governmental body including partnership, association, trustee, estate, corporation, joint stock company, insurance company, or legal representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, and any common carrier by mail, motor, water, air or express company doing business in or operating within the state which has one or more individuals

Disability: any person who has a physical or mental impairment which substantially limits one or more major life activities, has a history or record of such or is regarded as having such

Exclusions: no exclusions available

Employer: the state or entity funded

Disability: any person who has physical or mental impairment which substantially limits one or more major life activities, or having record of such Exclusions: employers covered by the Federal Rehabilitation Act of 1973

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Washington

Washington, D.C.

Title 49 Labor Regulations, Chapter 60

Discrimination—Human Rights Commission

Added disability section in 1973

Source: West's Revised Code of Washington Annotated Titles 49-50 (1990).

Title 1 Administration, Chapter 25 Human Rights Subchapter II Prohibited Acts of Discrimination

Effective 1994

Source: DC Code Annotated, 1981 Edition, Volume 2A, 1999 Replacement. Title 16 Health and Safety, Chapter 17 Rights of the Blind and Physically Disabled Persons, Section 5 Discrimination in Employment Prohibited

Likely in place in 1972 (unable to verify) (pubic employers and employers receiving appropriations for D.C. only)

Source: DC Code Annotated, 1981 Edition, Volume 4, 1995 Replacement .

Employer: any person acting in the interest of the employer, directly or indirectly, who employs eight or more persons Disability: no definition of disability

Exclusions: nonprofit religious or sectarian organizations, family and domestic employment

Employer: any person who, for compensation employs an individual, any agent of such an employer and any professional association Disability: a physical or mental impairment that substantially limits one or more of the major life activities of an individual having a record of such an impairment or being regarded as having such an impairment Exclusions: family and domestic employment

State

Legislation

Current covered employer, definitions of disability, and exceptions

West Virginia

Chapter 5 General Powers and Authority of the Governor, Secretary of State and Attorney General, Board of Public Works; Miscellaneous Agencies, Commissions, Offices, Programs, Etc., Article 11 Human Rights Commission

Handicap provisions added in 1981

Source: Michie' s West Virginia Code Annotated, Volume 2, 1999 Replacement Volume.

Employer: the state, any political subdivision thereof, and person employing 12 or more employees, 20 calendar weeks

Disability: physical or mental impairment which substantially limits one or more of such person's major life activities, a record of such impairment, or being regarded as having such Exclusions: private clubs and family employment

Wisconsin

Chapter 111 Employment Relations, Subchapter II Fair Employment

Section amended to include the word handicap in 1965 Source: West's Wisconsin Statutes Annotated (1997).

Employer: the state and each agency of the state, and any other person engaging in any activity, enterprise or business employing at least one individual

Disability: physical or mental impairment which makes achievement unusually difficult or limits the capacity to work, has a record of such impairment, or is perceived as having such

Exclusions: social club or fraternal society, family employment

Table D.1 (continued)

State

Legislation

Current covered employer, definitions of disability, and exceptions

Wyoming

Title 27 Labor and Employment, Chapter 9 Fair Employment Practices Language added in 1985 Source: Wyoming Statutes Annotated, 1999 Edition Volume 6.

Employer: the state or any political subdivision or board, commission, department, institution, or school district thereof, and every other person employing two or more employees

Disability: no definition of disability

Exclusions: religious organizations or associations

NOTE: It is typical for legislation to allow for discrimination based on ability to perform the job and to define a qualified disabled person as one who can perform thejob with reasonable accommodation.

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