3 Colo. Code Regs. § 708-1-60.6

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 3 CCR 708-1-60.6 - Reasonable Accommodation

(A) Employment.

(1) A person subject to Part 4 of the Law shall make reasonable accommodation to the known disabilities of an otherwise qualified applicant or employee with a disability unless the person can demonstrate the accommodation would impose an undue hardship or that it would require any additional expense that would not otherwise be incurred.

(2) Reasonable accommodation may include:

(a) making facilities used by employees readily accessible to and useable by individuals with disabilities; and

(b) job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions.

(3) In determining whether an accommodation would impose an undue hardship on an employer's operation, pursuant to paragraph (1) of this section, factors to be considered include:

(a) the overall size of the employer's operation with respect to number of employees, number and type of facilities, and size of budget;

(b) the type of the employer's operation, including the composition and structure of the employer's work force; and

(c) the nature, cost, and funding for the accommodation needed, including, but not limited to, such sources as the Colorado State Division of Vocational Rehabilitation, the personal resources of the person with the disability, and private organizations that provide financial support and auxiliary aids.

(B) Housing.

(1) Reasonable Modifications of Existing Premises.

(a) It shall be unlawful for any person to refuse to permit, at the expense of a person with a disability, reasonable modifications of existing premises, occupied or to be occupied by a person with a disability, if the proposed modifications may be necessary to afford the person full enjoyment of the premises of a dwelling. In the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase for persons with disabilities any customarily required security deposit. However, where it is necessary to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord and tenant with a disability may negotiate as part of such a restoration agreement.

(b) A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained.

(2) Reasonable Accommodation

It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit, including public and common use areas, unless it can be demonstrated that it places an undue financial or administrative burden or fundamentally changes the nature of the subject housing.

(C) Places of Public Accommodation.

(1) Persons with disabilities may need a reasonable accommodation to enter or use a place of public accommodation. The Law requires reasonable efforts to grant access and services to all customers. Reasonable accommodation may require structural change, such as constructing a ramp or providing accessible parking spaces, or it may require a change in policy to allow the individual with a disability to fully use and enjoy the premises.

(2) It shall be unlawful for a place of public accommodation to refuse to make reasonable accommodation for an individual with a disability, unless the place of public accommodation can demonstrate that it would cause an undue burden or that it would require any additional expense that would not otherwise be incurred.

(a) In determining whether an accommodation is reasonable, factors to be considered may include:

1. The frequency and predictability with which members of the public will be served by the accommodation at that location;

2. The size of the business or organization at that location with respect to physical size, annual gross revenues, and the number of employees;

3. The extent to which individuals with a disability will be further served from the accommodation;

4. The type of operation;

5. The nature and amount of both direct costs and legitimate indirect costs of making the accommodation and the reasonableness for that location to finance the accommodation; and

6. The extent to which any persons may be adversely affected by the accommodation.

(b) Violations of state or local building codes are not violations of the Law and must be enforced under normal building code procedures.

3 CCR 708-1-60.6

37 CR 22, November 25, 2014, effective 12/15/2014

43 CR 12, June 25, 2020, effective 7/15/2020

45 CR 01, January 10, 2022, effective 1/30/2022

46 CR 04, February 25, 2023, effective 3/30/2023

46 CR 23, December 10, 2023, effective 12/30/2023