| race or color, sex, sexual orientation, physical or mental | disability, religion, ancestry or national origin, any of the | accommodations, advantages, facilities, goods, services or | privileges of public accommodation, or in any manner discriminate | against any person in the price, terms or conditions upon which | access to accommodation, advantages, facilities, goods, services | and privileges may depend. |
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| For purposes of this subsection, unlawful discrimination also | includes, but is not limited to: |
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| A. 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 | the criteria can be shown to be necessary for the provision | of the goods, services, facilities, privileges, advantages | or accommodations being offered; |
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| B. A failure to make reasonable modifications in policies, | practices or procedures, when modifications are necessary to | afford the goods, services, facilities, privileges, | advantages or accommodations to individuals with | disabilities, unless, in the case of a private entity, the | private entity can demonstrate that making the modifications | would fundamentally alter the nature of the goods, services, | facilities, privileges, advantages or accommodations; |
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| C. A failure to take steps that 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, in the case of a private entity, the | private entity can demonstrate that taking those steps would | fundamentally alter the nature of the good, service, | facility, privilege, advantage or accommodation being | offered or would result in an undue burden; |
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| D. A private entity's failure to remove architectural | barriers and communication barriers that are structural in | nature in existing facilities and transportation barriers in | existing vehicles and rail passenger cars used by an | establishment for transporting individuals, not including | barriers that can be removed only through the retrofitting | of vehicles or rail passenger cars by the installation of a | hydraulic or other lift, where the removal is readily | achievable; |
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