SB273: relative to reasonable accommodations for employees with disabilities.

CHAPTER 181

SB 273 – FINAL VERSION

05/11/06 2172eba

2006 SESSION

06-2958

05/03

SENATE BILL 273

AN ACT relative to reasonable accommodations for employees with disabilities.

SPONSORS: Sen. Hassan, Dist 23; Sen. Fuller Clark, Dist 24; Sen. Foster, Dist 13; Sen. Larsen, Dist 15; Rep. P. McMahon, Merr 3; Rep. Bergin, Hills 6; Rep. Rogers Johnson, Rock 13; Rep. Ulery, Hills 27; Rep. D. Eaton, Ches 2

COMMITTEE: Banks and Insurance

ANALYSIS

This bill makes it an unlawful discriminatory practice to fail to make a reasonable accommodation for an employee with a disability if the employee is otherwise qualified to perform the essential functions of the job and providing the accommodation would not pose an undue hardship on the employer. The bill also defines reasonable accommodation, undue hardship, and qualified individual with a disability.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/11/06 2172eba

06-2958

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to reasonable accommodations for employees with disabilities.

Be it Enacted by the Senate and House of Representatives in General Court convened:

181:1 Law Against Discrimination; Definitions of Qualified Individual with a Disability; Reasonable Accommodation and Undue Hardship Added. Amend RSA 354-A:2, XIV-a to read as follows:

XIV-a. “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 chapter, 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.

XIV-b. “Reasonable accommodation” may include:

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

(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.

XIV-c. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, bisexuality, or homosexuality. This definition is intended to describe the status of persons and does not render lawful any conduct prohibited by the criminal laws of this state or impose any duty on a religious organization. This definition does not confer legislative approval of such status, but is intended to assure basic rights afforded under this chapter.

XIV-d. “Undue hardship” means an action requiring significant difficulty or expense, when considered in light of the factors set forth in this paragraph. In determining whether an accommodation would impose an undue hardship on an employer, factors to be considered include:

(a) The nature and cost of the accommodation needed under this chapter.

(b) The overall financial resources of the facility 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.

(c) The overall financial resources of the employer; the overall size of the business of an employer with respect to the number of its employees; and the number, type, and location of its facilities.

(d) The type of operation or operations of the employer, including the composition, structure, and functions of the workforce of such employer; the geographic separateness, administrative, or fiscal relationship of the facility in question to the employer.

181:2 New Paragraph; Equal Employment Opportunity; Unlawful Discriminatory Practices; Reasonable Accommodation; When Required. Amend RSA 354-A:7 by inserting after paragraph VI the following new paragraph:

VII.(a) For any employer not to make reasonable accommodations for the known physical or mental limitations of a qualified individual with a disability who is an applicant or employee, unless such employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer.

(b) For any employer to deny employment opportunities, compensation, terms, conditions, or privileges of employment to a job applicant or employee who is a qualified individual with a disability, if such denial is based on the need of such employer to make reasonable accommodation to the physical or mental impairments of the applicant or employee.

181:3 Effective Date. This act shall take effect January 1, 2007.

Approved: May 25, 2006

Effective: January 1, 2007