Sec. 14.03.02.06. Undue Hardship in Employment

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.