AN ACT AMENDING THE NORTH CAROLINA PERSONS WITH DISABILITIES PROTECTION ACT TO CONFORM WITH FEDERAL CHANGES UNDER THE AMERICANS WITH DISABILITIES ACT AMENDMENTS ACT OF 2008 (ADAAA). Summarized in Daily Bulletin 3/21/11. Enacted May 26, 2011. Effective May 26, 2011.
Summary date: Jun 1 2011 - View summary
Bill S 384 (2011-2012)Summary date: Mar 21 2011 - View summary
Amends GS 168A-3, which lists definitions applicable to the NC Persons with Disabilities Protection Act (NC Act) to add a definition for covered governmental entity as any State department, institution, agency, or political subdivision of the State or any person contracting with a State department, institution, agency or political subdivision for the delivery of public services. Clarifies the definition of physical or mental impairment, included within person with a disability, and adds that a disorder, condition, or disfigurement that is episodic or in remission is a physical or mental impairment if it would substantially limit a major life activity when active. Expands the list of functions included under major life activities. Adds that the determination of whether an impairment substantially limits a major life activity is made without considering the beneficial effects of medication, technology, or other mitigating measures, as specified. Clarifies the definition for reasonable accommodations.
Amends GS 168A-7, clarifying that it is a discriminatory practice for a covered governmental entity to exclude a qualified person with a disability from services, programs, or activities because of the disability. Makes other clarifying changes. Makes clarifying and conforming changes to GS 168A-4 (concerning reasonable accommodations) and GS 168A-9 (concerning affirmative defenses).
Amends GS 168A-10, which prohibits retaliation, to forbid any entity or person covered under the NC Act from retaliating against or otherwise interfering with a person exercising rights or helping a person exercise rights under the NC Act. Makes other technical changes.