Md. Code Regs. 14.03.02.06

Current through Register Vol. 51, No. 12, June 14, 2024

Section 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.

Md. Code Regs. 14.03.02.06

Regulations .06, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .01_14, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md. R. 2192)