Md. Code Regs. 14.03.02.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 14.03.02.05 - Reasonable Accommodation in Employment

A. A covered entity:

(1) Shall make a reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability;

(2) Is not required to provide an accommodation, if it demonstrates that the accommodation would impose undue hardship on the operation of its business or program; and

(3) May not deny an employment opportunity to a qualified individual with a disability, if the basis for the denial is the need to accommodate the individual's physical or mental limitations, and this accommodation, if attempted, would be reasonable.

B. Examples of a reasonable accommodation include, but are not limited to:

(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities;

(2) Providing or modifying equipment or devices;

(3) Job restructuring;

(4) Part-time or modified work schedules;

(5) Reassigning or transferring an employee to a vacant position, light duty job, different work location, or other alternative employment opportunity which is available under the employer's existing policies or practices;

(6) Teleworking;

(7) Permitting an employee to use paid or unpaid sick leave, disability leave, medical leave, or other leave which is available under the employer's existing policies or practices;

(8) Adjusting or modifying examinations, training materials, or policies;

(9) Waiving a no pet requirement to allow use of a service animal;

(10) Providing applicants or employees with a disability with an opportunity to demonstrate their pertinent knowledge, skills, and abilities by testing methods adapted to their special circumstances if employment tests are used;

(11) Making reasonable modifications in the covered entity's rules, policies, and practices if the modification may enable an applicant or employee with a disability to perform the essential functions of the job; and

(12) Reanalyzing, with full consideration to the needs of the applicant or employee with a disability, job specifications, qualifications, or criteria to determine if they may be waived or modified.

Md. Code Regs. 14.03.02.05

Regulations .05, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .01_14, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md.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)