The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Act-The Pennsylvania Human Relations Act (43 P. S. §§ 951-963).
Commission-The Human Relations Commission.
Facility-The term includes, but is not limited to, all or any portion of buildings, structures, equipment, roads, walks, parking lots, fixtures and other real or personal property.
Handicapped or disabled person-Includes the following:
(i) A person who has or is one of the following:(A) A physical or mental impairment which substantially limits one or more major life activities.(B) A record of an impairment.(C) Regarded as having an impairment.(ii) As used in subparagraph (i), the phrase:(A) "Physical or mental impairment" means a 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 or a mental or psychological disorder, such as mental illness, and specific learning disabilities.(B) "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.(C) "Has a record of such an impairment" means has a history of or has been misclassified as having a mental or physical impairment that substantially limits one or more major life activities.(D) "Is regarded as having an impairment" means has a physical or mental impairment that does not substantially limit major life activities but that is treated by an employer or owner, operator or provider of a public accommodation as constituting a limitation; has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward the impairment; or has none of the impairments defined in subparagraph (i)(A) but is treated by an employer or owner, operator or provider of a public accommodation as having an impairment.Nonjob-related handicap or disability-The term includes the following:
(i) A handicap or disability which does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for, is engaged in, or has been engaged in. Uninsurability or increased cost of insurance under a group or employe insurance plan does not render a handicap or disability job-related.(ii) A handicap or disability is not job-related merely because the job may pose a threat of harm to the employe or applicant with the handicap or disability unless the threat is one of demonstrable and serious harm.(iii) A handicap or disability may be job-related if placing the handicapped or disabled employe or applicant in the job would pose a demonstrable threat of harm to the health and safety of others.Undue hardship-The factors to be considered in determining whether an undue hardship is imposed by the requirement that a reasonable accommodation be made to a person's handicap or disability include, but are not limited to, the following:
(i) The overall size and nature of a business, organization, program or public accommodation, including number of employes, structure and composition of workforce, and number and type of facilities. However, financial capability to make reasonable accommodations shall only be a factor when raised as part of an undue hardship defense.(ii) Good faith efforts previously made to accommodate similar handicaps or disabilities.(iii) The extent, nature and cost of the reasonable accommodation needed.(iv) The extent to which handicapped or disabled persons can reasonably be expected to need and desire to use, enjoy or benefit from the employment or public accommodation which is the subject of the reasonable accommodation in question.(v) Legal or proprietary interest in the subject of proposed reasonable accommodations including authority to make the accommodations under the terms of a bona fide agreement, such as a lease, governing or describing rights and duties with respect to the subject. This section cited in 16 Pa. Code § 44.13 (relating to equipment modification); 16 Pa. Code § 44.15 (relating to handicaps or disabilities not presently but potentially job-related); and 16 Pa. Code § 45.4 (relating to definitions).