Section 701.390 - Department Obligations under Title II of the Americans with Disabilities Act (ADA)(A)Definitions.(1) Disability under the ADA is defined as:(a) a physical or mental impairment which substantially limits one or more major life activities of an individual;(b) a record of having such impairment; or(c) being regarded as having such impairment. Disability does not include psychoactive substance abuse disorder resulting from current illegal use of drugs.
(2) A qualified individual with a disability is an individual who meets the essential eligibility requirements for the receipt of services or participation in programs or activities provided by the Department with or without: (a) reasonable modifications to rules, policies, or practices;(b) the removal of architectural, communication, or transportation barriers; and/or(c) the provision of auxiliary aids and services. An individual who poses a direct threat to the health and safety of others is not a qualified individual. An individual who is currently engaging in the illegal use of drugs when the Department acts on the a basis of such use is not a qualified individual.
(3)Physical or Mental Impairment means:(a) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine; and(b) Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional, or mental illness and specific learning disabilities.(4) Major life activities include functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.(B) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the Department, or be subjected to discrimination by the Department.(C) The Department, in providing any aid, benefit, or service, may not, directly or through contractual, licensing, or other arrangements on the basis of disability: (1) Deny a qualified individual with a disability the opportunity to participate in or benefit from the aid, benefit, or service;(2) Afford a qualified individual with a disability an opportunity to participate in or benefit from the aid, benefit, or service that is not equal to that afforded others;(3) Provide a qualified individual with a disability with an aid, benefit, or service that is not as effective in affording equal opportunity to obtain the same result, to gain the same benefit, or to reach the same level of achievement as that provided to others;(4) Provide different or separate aids, benefits, or services to individuals with disabilities than is provided to others unless such action is necessary to provide qualified individuals with disabilities with aids, benefits, or services that are as effective as those provided to others; and(5) Otherwise limit a qualified individual with a disability in the enjoyment of any right, privilege, advantage or opportunity enjoyed by others receiving the aid, benefit or service.(D) The Department shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the Department can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.Amended by Mass Register Issue 1310, eff. 4/8/2016.Amended by Mass Register Issue 1360, eff. 3/9/2018.