Page:United States Statutes at Large Volume 104 Part 1.djvu/390

 104 STAT. 356 PUBLIC LAW 101-336 —JULY 26, 1990 lege, advantage, or accommodation, or other opportunity that is as effective as that provided to others. (iv) INDIVIDUAL OR CLASS OF INDIVIDUALS.— For purposes of clauses (i) through (iii) of this subparagraph, the term "individual or class of individuals refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement. (B) INTEGRATED SETTINGS. —Goods, services, facilities, privileges, advantages, and accommodations shall be af- forded to an individual with a disability in the most integrated setting appropriate to the needs of the individual. (C) OPPORTUNITY TO PARTICIPATE.— Notwithstanding the existence of separate or different progrsims or activities provided in accordance with this section, an individual with a disability shall not be denied the opportunity to participate in such programs or activities that are not separate or different. (D) ADMINISTRATIVE METHODS. —An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration— (i) that have the effect of discriminating on the basis of disability; or (ii) that perpetuate the discrimination of others who are subject to common administrative control. (E) ASSOCIATION. —It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association. (2) SPECIFIC PROHIBITIONS. — (A) DISCRIMINATION. — For purposes of subsection (a), discrimination includes— (i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered; (ii) a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations; (iii) a failure to take such steps as may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the entity can demonstrate that taking such steps would fun-

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