Regulation .06 Undue Hardship in Employment.
Regulation .06 Undue Hardship in Employment.LinkCopy Citation
A.
The covered entity has the burden of proving an inability to accommodate a qualified individual with a disability.
B.
In determining whether an accommodation would impose an undue hardship on the covered entity's business or program, the following factors shall be considered:
(1)
The nature and cost of the accommodation needed;
(2)
The financial resources of the covered entity, and any parent corporation if applicable;
(3)
The size of the business with respect to the number and type of facilities;
(4)
The type of business or program, including the composition and structure of the work force;
(5)
The ability of the covered entity to conduct business or operate programs with the accommodation;
(6)
The effect of the accommodation on other employees' performance; and
(7)
Legitimate safety concerns.
C.
Safety requirements shall be based on actual information or data, not speculation, conjecture, stereotypes, or generalizations about individuals with disabilities.