SECTION 335:15-9-1. Handicap as classification of employment discrimination; "handicapped person" and "qualified handicapped person" defined

(a)   Interpretation of statute. In October 1981 Title 25, O.S., supra, was amended (HB #1322) to add handicap as a classification of discrimination along with the previously stated classifications of race, color, religion, sex, and national origin. The amendment of the Act is interpreted to mean that no qualified handicapped person shall on account of handicap, be subjected to discrimination in employment as prohibited by Title 25, O.S., Section 1101 et seq. A handicapped person is defined by the same terms used in the Federal Rehabilitation Act of 1973, as amended.

(b)   Definitions.

(1)   The Federal Rehabilitation Act states, in definition, that for the purpose of the program, a handicapped individual is any person who has a physical or mental impairment which substantially limits one or more of such person's major life activities, has a record of such impairment, or is regarded as having such an impairment.

(A)   "Life-Activities" may be considered to include communication, ambulation selfcare, socialization, education, vocational training, employment, transportation, adapting to housing, etc. For the purpose of Section 503 of the Act, primary attention is given to those life activities that affect employability.

(B)   The phrase "substantially limits" means the degree that the impairment affects employability. A handicapped individual who is likely to experience difficulty in securing, retaining, or advancing in employment would be considered substantially limited.

(C)   "Has a record of such an impairment" means that an individual may be completely recovered from a previous physical or mental impairment. It is included because the attitude of employers, supervisors, and co-workers toward the previous impairment may result in an individual experiencing difficulty in securing, retaining, or advancing in employment. The mentally restored and those who, for example, have had heart attacks or cancer often experience such difficulty. Also, this part of the definition would include individuals who may have been erroneously classified and may experience discrimination based on this misclassification. This group may include persons such as those who have been misclassified as mentally retarded or mentally restored.

(D)   "Is regarded as having such an impairment" refers to those individuals who are perceived as having a handicap, whether an impairment exists or as handicapped by employers or supervisors who have an effect on the individual securing, retaining, or advancing in employment.

(2)   The Commission also adopts the Rehabilitation Act's definition of "qualified" handicapped person to mean a person with a handicap who with reasonable accommodation can perform the essential functions of the job in question.