Bill Summary for S 384 (2011-2012)

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Summary date: 

Mar 21 2011
S.L. 2011-94

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 384 (Public) Filed Monday, March 21, 2011
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).
Intro. by Hartsell.

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Bill 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.