You are on page 1of 1

1630.6 Contractual or other arrangements. (a) In general.

It is unlawful for a covered entity to participate in a contract ual or other arrangement or relationship that has the effect of subjecting the c overed entity's own qualified applicant or employee with a disability to the dis crimination prohibited by this part. (b) Contractual or other arrangement defined. The phrase contractual or other ar rangement or relationship includes, but is not limited to, a relationship with a n employment or referral agency; labor union, including collective bargaining ag reements; an organization providing fringe benefits to an employee of the covere d entity; or an organization providing training and apprenticeship programs. (c) Application. This section applies to a covered entity, with respect to its o wn applicants or employees, whether the entity offered the contract or initiated the relationship, or whether the entity accepted the contract or acceded to the relationship. A covered entity is not liable for the actions of the other party or parties to the contract which only affect that other party's employees or ap plicants. 1630.7 Standards, criteria, or methods of administration. It is unlawful for a covered entity to use standards, criteria, or methods of ad ministration, which are not job-related and consistent with business necessity, and: (a) That have the effect of discriminating on the basis of disability; or (b) That perpetuate the discrimination of others who are subject to common admin istrative control. (i) Major life activities (1) In general. Major life activities include, but are not limited to: (i) Caring for oneself, performing manual tasks, seeing, hearing, eating, sleepi ng, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with oth ers, and working; and (ii) The operation of a major bodily function, including functions of the immune system, special sense organs and skin; normal cell growth; and digestive, genit ourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiov ascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive function s. The operation of a major bodily function includes the operation of an individ ual organ within a body system. (2) In determining other examples of major life activities, the term major shall n ot be interpreted strictly to create a demanding standard for disability. ADAAA section 2(b)(4) (Findings and Purposes). Whether an activity is a major life acti vity is not determined by reference to whether it is of central importance to dail y life. A State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in [1] Federal or State court of competent jur isdiction for a violation of this chapter. In any action against a State for a v iolation of the requirements of this chapter, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as s uch remedies are available for such a violation in an action against any public or private entity other than a State.