The following words and terms when used in this Subchapter, shall have the following meanings unless the context clearly indicates otherwise:
"ADA" means the Americans With Disabilities Act of 1990, as amended at Sections 12101-12117 of Title 42 of the United States Code (42 U.S.C. § 12101-12117, (SUPP. V.1994) Public Law 101-336 • 1
"Discrimination" means differential treatment, such as conduct, actions, or decisions, based on race, color, national origin, sex, religion, age, disability, genetic information, or political opinion or affiliation unless authorized by law.
"Essential job functions" means the fundamental job duties of an individual position.The term does not include marginal functions of the position.Evidence of the essential job functions are:
(A) the employer's judgment of the essential job functions;
(B) a written job description prepared before advertising or interviewing employees or applicants for the position;
(C) the amount of time spent performing the job functions; and
(D) identified as critical on the employee's performance evaluation.
"Harassment" means unwelcome or offensive behavior based on membership in a protected class that is so severe and/or pervasive in nature that it alters the conditions of the victim's working environment.
"Protected Activity" means:
(A) filing a discrimination complaint or a request for reasonable accommodation;
(B) participating in an investigation or administrative or court hearing regarding a complaint of discrimination; or
(C) opposing an alleged discriminatory act in a lawful manner.
"Protected Class" means a group of people or an identifying characteristic of people prohibited by law from being used as a basis or motivation for employment actions or program or service delivery or eligibility.Protected classes include race, color, national origin, religion, sex, age, disability, political opinion or affiliation, and genetic information.
INSTRUCTIONS TO STAFF 340:1-11-1.1
1. Additional definitions relating to the Americans with Disabilities Act are found at:http://www.ecfr.gov/cgi-bin/text-idx?SID=cd4e271638b1336c791561734bfd3e82&mc=true&node=se28.1.35_1104&rgn=div8.