Md. Code Regs. 14.03.02.02

Current through Register Vol. 51, No. 8, April 19, 2024

Section 14.03.02.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Commission" means the Maryland Commission on Human Relations.

(2) "Covered entity" means a person or entity subject to the jurisdiction of the Commission under State Government Article, §§ 20-301"20-305, 20-601, 20-606"20-607, 20-609, 20-801, 20-901"20-904, or 20-1017, Annotated Code of Maryland.

(3) "Facility" means all or a portion of a building, structure, site, complex, equipment, bus, heavy or light rail, or other conveyance, road, walkway, passageway, parking lot, or other real or personal property, including the real property where the building, property, structure, or equipment is located.

(4) "ADAAG" means the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities developed by the United States Architectural and Transportation Barriers Compliance Board, and adopted by the United States Department of Justice in Appendix A to 28 CFR Part 36.

(5) "Disabled individual" means an individual with a disability as defined in §B(6) of this regulation.

(6) "Disability" means, with respect to an individual:

(a) Epilepsy, infection with the human immunodeficiency virus, paralysis, amputation, lack of physical coordination, blindness or visual impairment, deafness or hearing impairment, muteness or speech impediment, physical reliance on a seeing eye dog, wheelchair, or other remedial appliance or device, or mental retardation or other mental impairment or deficiency which necessitates remedial or special education and related services;

(b) A physical or mental impairment, other than those enumerated in §B(6)(a) of this regulation, that is caused by bodily injury, birth defect, or illness, which substantially limits one or more of an individual's major life activities;

(c) A record of a physical or mental impairment as set forth in §B(6)(a) or (b) of this regulation, including having a history of, or being misclassified as having, such an impairment;

(d) Being regarded as having a physical or mental impairment as set forth in §B(6)(a) or (b) of this regulation, including one that:

(i) Does not substantially limit major life activities, if the individual is treated by a covered entity as having such a limitation; or

(ii) Substantially limits major life activities as a result of the attitude of the covered entity or of others towards the impairment; or

(e) Being treated by a covered entity as having an impairment, even if there is no physical or mental impairment.

(7) "Major life activities" includes, but is not limited to, functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, driving a vehicle, socializing, and engaging in procreation and recreation.

(8) "Place of public accommodation" has the meaning stated in State Government Article, § 20-301, Annotated Code of Maryland.

(9) "Physical or mental impairment" means:

(a) A physiological disorder or condition, cosmetic disfigurement, or anatomical loss, affecting one or more of the following bodily systems:

(i) Neurological;

(ii) Musculoskeletal;

(iii) Special sense organs;

(iv) Respiratory, including speech organs;

(v) Cardiovascular;

(vi) Reproductive;

(vii) Digestive;

(viii) Genitourinary;

(ix) Hemic and lymphatic; or

(x) Skin and endocrine; or

(b) A mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

(10) "Qualified individual with a disability" means an individual with a disability who:

(a) With or without reasonable accommodation can perform the essential functions of the job in question; or

(b) Is otherwise qualified for the benefit, term, condition, or privilege of employment at issue.

(11) "Qualified historic building or facility" means a building or facility that is:

(a) Listed in or eligible for listing in the National Register of Historic Places under the National Historic Preservation Act of 1966, 16 U.S.C. § 470a(a);

(b) Listed in or eligible for listing in the Maryland Register of Historic Properties under State Finance and Procurement Article, § 5A -323, Annotated Code of Maryland; or

(c) Designated as historic under a local law.

(12) "Remedial appliance or device" means wheelchairs, prosthetic limbs and devices, braces, crutches, hearing aids, corrective lenses, and such other appliances or devices, which ameliorate or compensate for the limitations imposed by a physical or mental impairment, and which are acquired by an individual for such purpose.

(13) "Service animal" means a guide dog, signal dog, or other animal, individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to:

(a) Guiding an individual with impaired vision;

(b) Alerting an individual with impaired hearing to intruders or sounds;

(c) Alerting an individual with seizures to the onset of a seizure;

(d) Providing minimal protection or rescue work;

(e) Pulling a wheelchair; or

(f) Retrieving items.

(14) "Structural changes" means any physical alterations or removal of barriers to a facility that would cause the facility to be accessible to an individual with a disability.

(15) "Teleworking" means an arrangement whereby an employee performs some or all of the employee's job duties at a work station located in the employee's residence, or at a designated location other than the employer's usual and customary worksite.

Md. Code Regs. 14.03.02.02

Regulation .02 amended effective April 4, 1988 (15:7 Md. R. 852)
Regulations .02, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .01_14, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md. R. 2192)
Regulation .02B amended effective April 18, 2011 (38:8 Md. R. 507)