Sec. 302. Definitions
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In this title: The term board has the meaning given the term in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ). The term commission means the Equal Employment Opportunity Commission. The term covered family or household member means a family or household member who has experienced or is experiencing a qualifying act of violence. The term discriminate — used with respect to an employer and the terms, conditions, or privileges of employment, includes— failing to implement, on request from an individual, in response to an actual or threatened qualifying act of violence, a reasonable safety procedure or job-related modification to enhance the security of that individual or safeguard the workplace involved (such as installation of a lock, change of a telephone number or seating assignment, provision of a transfer, provision of leave, modification of a schedule, or adjustment of a work requirement), unless the employer can demonstrate that granting the request would impose an undue hardship on the operation of the business of the employer; and harassment or retaliation described in section 303(a); and used with respect to a public agency and the amount, terms, or conditions of public assistance, includes— failing to implement, on request from an individual, in response to an actual or threatened qualifying act of violence, a reasonable safety procedure, unless the public agency can demonstrate that granting the request would impose an undue hardship on the operation of the public agency; and harassment or retaliation described in section 303(b).
The term employee means— an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) ); a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), and an individual described in section 201(d) of that Act ( 2 U.S.C. 1311(d) ); a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); and an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies.
The term employer means— an employer, as defined in section 701(b) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) ); an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ); an employing office, as defined in section 411(c) of title 3, United States Code; an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); and an entity to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies.
The term qualified employee means an employee who is a qualified individual, as defined in section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ). Subject to subparagraph (C), the term reasonable accommodation means a reasonable job-related modification or safety procedure, made to address the impacts of a qualifying act of violence or enhance the security of a qualified employee who is the victim of the qualifying act of violence. Subject to subparagraph (C), the term reasonable accommodation includes an accommodation, made as described in subparagraph (A), that is— any change or adjustment to a job or work environment that permits such an employee to participate in the job application process, to perform the essential functions of a job, or to enjoy the benefits and privileges of employment; a transfer, reassignment, or other change in the work location; a modified or flexible work schedule; a change to work contact information, including a name change or limit on dissemination of contact information; a change to a workstation or seating assignment; implementation of a confidentiality measure, including removal of references to the employee from the employer’s website; implementation of an enhanced safety protocol including providing access to a parking space close to the worksite or installation of a lock or other security device; assistance in documenting qualifying acts of violence that occur in the workplace or in a work-related setting; implementation of a safety procedure; provision of leave or time off; restructuring of the job functions of the employee; or any other adjustment to a job structure, workplace facility, or work requirement in response to the qualifying act of violence.
The term reasonable accommodation does not include an accommodation if the employer involved can demonstrate that the accommodation would impose an undue hardship on the operation of the business of an employer. The term undue hardship has the meaning give the term in section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ).
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- 42 USC 2000e–16c(a)
- 42 USC 2000e–16(a)
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Sec. 302
Definitions
Cite42 USC 2000e–16c(a)
Cite42 USC 2000e–16(a)
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