Comparison: State vs. Federal
The term "disability" means (ND Cent. Code Sec. 14-02.4-02):
- A physical or mental impairment that substantially limits one or more major life activities
- A record of this impairment
- Being regarded by others as having this impairmentt
Employers must reasonably accommodate an individual's mental or physical disability, unless to do so would unduly disrupt or interfere with the employer's normal operations, threaten the health or safety of the individual with a disability or others, contradict a business necessity of the employer, or impose an undue business hardship (ND Cent. Code Sec. 14-02.4-02). Undue Hardship
Undue hardship is based on the size of the employer's business, the type of business, the financial resources of the employer, and the estimated cost and extent of the accommodation (ND Cent. Code Sec. 14-02.4-02). ADA Considerations
The federal Americans with Disabilities Act (ADA) also prohibits employment practices that discriminate on the basis of disability. The ADA covers employers with 15 or more employees. The state disability law and the ADA are similar in many respects, but the ADA is sometimes more restrictive or covers areas that state law does not address.
Amendments to the ADA broadened the definition of "disability." In addition, the amendments changed the ADA's definition of a "regarded as" disability. Under the amended ADA, a person is regarded as having an ADA disability if he or she is subjected ...