Okla. Admin. Code § 612:1-11-15

Current through Vol. 42, No. 4, November 1, 2024

Section 612:1-11-15 - Overview of reasonable accommodation

(a) Reasonable accommodation is a modification or adjustment to a job, the work environment, or policies that enables a qualified individual with a disability to enjoy an equal employment opportunity. A reasonable accommodation must be effective.

(b) The ADA requires reasonable accommodation in three aspects of employment:

(1) to ensure equal opportunity in the application process;

(2) to enable a qualified individual with a disability to perform the essential functions of a job; and,

(3) to enable an employee with a disability to enjoy equal benefits and privileges of employment.

(c) Reasonable accommodation requirements do not include accommodations that are for personal use.

(d) Generally, it is the responsibility of the applicant or employee with a disability to inform the Department that an accommodation is needed to participate in the application process, to perform essential job functions, or to receive equal benefits and privileges of employment.

(e) If an employee with a known disability is not performing well, or is having difficulty performing a job, the Department may assess whether this is due to a disability and may inquire whether the employee needs a reasonable accommodation. It is not appropriate for the employee's supervisor to independently initiate a request if the employee does not wish one. An individual with a disability is not required to accept an accommodation if the individual has not requested an accommodation and does not believe one is needed. However, if the individual refuses an accommodation necessary to perform essential job functions, and as a result cannot perform those functions, the individual may not be considered qualified.

(f) When a qualified individual with a disability requests an accommodation, the Department must make a reasonable effort to provide an accommodation that is effective for the individual. The person with the disability must always be consulted as the first step in considering an accommodation. The Department and the individual shall work together to identify the appropriate accommodation. The Department may consult the Job Accommodation Network or other technical assistance entities as a resource in order to reasonably accommodate an employee or job applicant .

(g) An individual with a disability may choose to provide his or her own accommodation. The individual's willingness to do so does not relieve the Department of the duty to provide the accommodation should the individual for any reason be unable or unwilling to continue to provide the accommodation.

(h) The Department may request documentation from an appropriate licensed professional regarding an individual's functional limitations, when they are not apparent, to support a reasonable accommodation request.

Okla. Admin. Code § 612:1-11-15

Added at 10 Ok Reg 4607, eff 9-1-93 (emergency); Added at 11 Ok Reg 2425, eff 7-1-94; Amended at 15 Ok Reg 1790, eff 7-1-98; Amended at 29 Ok Reg 1427, eff 7-1-12

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015