41-1492. Definitions In this article, unless the context otherwise requires: 1. " Americans with disabilities act" means 42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611 and the ADA amendments act of 2008 (P.L. 110-325; 122 Stat. 3553). 2. " Auxiliary aids and services" includes: (a) Qualified […]
41-1492.01. Prohibition of discrimination by public entities A. All buildings and facilities that are used by public entities and that are leased or constructed in whole or in part with the use of state or local monies, the monies of any political subdivision of this state or any combination of these monies shall conform to […]
41-1492.02. Prohibition of discrimination by public accommodations and commercial facilities A. No individual may 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, leases to others or operates a […]
41-1492.03. Incorporation of standards in building codes A. The standards and specifications referred to in this article and its implementing rules as applying to public entities shall be incorporated in any building code in existence on or adopted after the effective date of this article by this state or any agency, department or political subdivision […]
41-1492.04. New construction and alterations in public accommodations and commercial facilities A. Except as provided in subsection B of this section, as applied to public accommodations and commercial facilities, " discriminatory" for purposes of section 41-1492.02 includes: 1. A failure to design and construct facilities for first occupancy later than January 26, 1993 that are […]
41-1492.05. Prohibition of discrimination in specified public transportation services provided by private entities A. No individual may be discriminated against on the basis of disability in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect […]
41-1492.06. Rules A. Not more than one year after the effective date of this article, the attorney general shall adopt rules pursuant to chapter 6 of this title to carry out the intent of this article. The attorney general shall hold a reasonable number of public hearings at locations throughout the state prior to adoption […]
41-1492.07. Exemptions; private clubs, religious organizations and websites This article does not apply to: 1. Private clubs or establishments exempted from coverage under title II of the civil rights act of 1964 (42 United States Code section 2000(a)(e)) or to religious organizations or entities controlled by religious organizations, including places of worship. 2. Websites.
41-1492.08. Enforcement by an aggrieved person; notice; affidavit; prohibited demand for money; definition A. Any aggrieved person who is subjected to discrimination in violation of section 41-1492.01, 41-1492.02, 41-1492.03, 41-1492.04, 41-1492.05 or 41-1492.11 or this article’s implementing rules may institute a civil action for preventive or mandatory relief, including an application for a permanent or […]
41-1492.09. Enforcement by the attorney general; sanctions; use of sanction monies A. The attorney general shall investigate all alleged violations of this article. These allegations must be filed within one hundred eighty days after the occurrence or the termination of the alleged discriminatory practice, shall be in writing under oath and shall be in such […]
41-1492.10. Prohibition against retaliation and coercion A. No person may discriminate against any individual because the individual has opposed any act or practice made unlawful by this article or because the individual made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under this article. B. It is unlawful […]
41-1492.11. Examination and courses Any person that offers examinations or courses related to applications, licensing, certification or credentialing for secondary or postsecondary education, professional or trade purposes shall offer these examinations or courses in a place and manner accessible to persons with disabilities or offer alternative accessible arrangements for these individuals.
41-1492.12. Interpretation of disability and substantially limits; definitions A. A person shall define and construe a disability in favor of broad coverage of individuals under this article to the maximum extent permitted by the terms of this article. B. A person shall interpret substantially limits consistently with the findings and purposes of the ADA amendments […]
