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| Article 4 (Discriminatory Acts) |
| (1) | A discriminatory act prohibited under this Act means: |
| 1. | Treating the disabled persons unfavorably by means of restriction, exclusion, segregation or denial on the ground of such disabilities without justifiable grounds; |
| 2. | Applying disability-blind standards that cause the disabled persons to be unfairly treated without justifiable grounds, despite the absence of explicitly unfavorable treatment, such as restriction, exclusion, segregation or denial; |
| 3. | Refusing to provide legitimate convenience to the disabled persons without justifiable grounds; |
| 4. | Directly placing, or permitting or promoting to place, any advertisement that indicates or encourages unfavorable treatment of the disabled persons, such as restriction, exclusion, segregation or denial of such persons, without justifiable grounds. In such cases, an advertisement shall include any act normally considered to have the effect of advertising that causes unfair treatment of the disabled persons; |
| 5. | Committing any act defined in subparagraphs 1 through 4 against individuals representing or accompanying the disabled persons for the purpose of helping such persons (including guardians or protectors of the disabled children or other persons reasonably recognized to help the disabled persons: hereinafter referred to as "persons related to the disabled"). In such cases, any act committed by persons related to the disabled against the disabled persons shall be subject to the determination of a discriminatory act prohibited under this Act; |
| 6. | Interfering with the rightful use of guide dogs or auxiliary equipment for disabled persons, etc., or committing any act prohibited under subparagraph 4 against guide dogs or auxiliary equipment for disabled persons, etc. |
| (2) | "Legitimate convenience" in paragraph (1) 3 means any or all human and material arrangements and measures that will lead the disabled persons to participate in activities on an equal basis with persons without disabilities, including convenient facilities, equipment, tools and services designed to take into account the gender of a disabled person, as well as the type, degree and nature of a disability. |
| (3) | Notwithstanding paragraph (1), where any of the following justifiable grounds exists, such act shall not be deemed a discriminatory act: |
| 1. | Refraining from any discriminatory act prohibited under paragraph (1) might incur an excessive burden or undue hardship; |
| 2. | Discriminatory acts prohibited under paragraph (1) is inevitable due to the nature of particular duties or business operations. In such cases, the nature of particular duties or business operations shall be deemed to apply to services, including education. |
| (4) | Affirmative measures taken for accomplishing genuine equality rights for, and eliminating discrimination against, the disabled persons in accordance with this Act, any other Acts or subordinate statutes shall not be deemed discrimination under this Act. |