Sec. 14.03.02.05. Reasonable Accommodation in Employment  


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  • A. A covered entity:

    (1) Shall make a reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability;

    (2) Is not required to provide an accommodation, if it demonstrates that the accommodation would impose undue hardship on the operation of its business or program; and

    (3) May not deny an employment opportunity to a qualified individual with a disability, if the basis for the denial is the need to accommodate the individual's physical or mental limitations, and this accommodation, if attempted, would be reasonable.

    B. Examples of a reasonable accommodation include, but are not limited to:

    (1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities;

    (2) Providing or modifying equipment or devices;

    (3) Job restructuring;

    (4) Part-time or modified work schedules;

    (5) Reassigning or transferring an employee to a vacant position, light duty job, different work location, or other alternative employment opportunity which is available under the employer's existing policies or practices;

    (6) Teleworking;

    (7) Permitting an employee to use paid or unpaid sick leave, disability leave, medical leave, or other leave which is available under the employer's existing policies or practices;

    (8) Adjusting or modifying examinations, training materials, or policies;

    (9) Waiving a no pet requirement to allow use of a service animal;

    (10) Providing applicants or employees with a disability with an opportunity to demonstrate their pertinent knowledge, skills, and abilities by testing methods adapted to their special circumstances if employment tests are used;

    (11) Making reasonable modifications in the covered entity's rules, policies, and practices if the modification may enable an applicant or employee with a disability to perform the essential functions of the job; and

    (12) Reanalyzing, with full consideration to the needs of the applicant or employee with a disability, job specifications, qualifications, or criteria to determine if they may be waived or modified.