§ 44.5. General prohibitions.
(a) Handicapped or disabled persons may not be limited, classified or segregated in a way that adversely affects their opportunities to use, enjoy or benefit from employment and public accommodations subject to the coverage of the act; except that this subsection may not be construed so as to impose an undue hardship.
(b) Handicapped or disabled persons may not be denied the opportunity to use, enjoy or benefit from employment and public accommodations subject to the coverage of the act, where the basis for the denial is the need for reasonable accommodations, unless the making of reasonable accommodations would impose an undue hardship.
Comment Consistent with the purpose of this chapter to assure effective equality of opportunity for handicapped or disabled persons in an integrated setting, subsection (a) disallows compliance by any means that limits, classifies, or segregates handicapped or disabled persons and which adversely affects their opportunities. Of course, separate job classifications, programs, facilities, etc., would be permissible where necessary to guarantee effective equality of opportunity; but the existence of such separate classifications, programs or facilities generally will not be sufficient to justify denying a handicapped or disabled person the opportunity to use, enjoy or benefit from the employment or public accommodations opportunities available to the able-bodied.
Notes of Decisions Applicability
Section 44.5 applies only to employment and public accommodations, not to private housing. Doral II Condominium Association v. Human Relations Commission, 779 A.2d 605 (Pa. Cmwlth. 2001); appeal granted in part 801 A.2d 1207 (Pa. 2002); and order affirmed at 810 A.2d 634 (Pa. 2002).
Standard
Because the standard enunciated by the Federal courts establishes a direct violation of the Americans With Disabilities Act for failing to provide a reasonable accommodation for an employee’s disability, the ‘‘reasonable accommodation standard’’ is the proper standard to be applied to determine whether an employer has engaged in disability discrimination. Canteen Corp. v. Human Relations Commission, 814 A.2d 805 (Pa. Cmwlth. 2003).
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