Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 03 - COMMISSION ON HUMAN RELATIONS
Chapter 14.03.02 - Anti-Discrimination Relating to Persons with Disabilities
Section 14.03.02.06 - Undue Hardship in Employment
Universal Citation: MD Code Reg 14.03.02.06
Current through Register Vol. 51, No. 6, March 22, 2024
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.
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