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340:1-11-54. Undue hardship and reasonable accommodation
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Issued 6-4-98
In general, undue hardship means, with respect to the provision of an accommodation in employment or programs, an action resulting in significant difficulty or expense, when considered in light of the factors described in this Section.
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(1) Employment. In determining whether an accommodation imposes an undue hardship on the Department, factors to be considered with regard to employment include:
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(A) the nature and cost of the accommodation needed under this Act; -
(B) the overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation;
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(C) the number of persons employed at such facility;
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(D) the effect on expenses and resources, or the impact otherwise of such accommodation upon the operation of the facility;
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(E) the overall financial resources of DHS;
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(F) the overall size of the business of DHS with respect to the number of its employees;
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(G) the number, type, and location of DHS facilities;
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(H) the type of operation or operations of DHS, including the composition, structure, and functions of the work force of DHS; and
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(I) the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to DHS.
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(2) Programs. In determining whether financial and administrative burdens are undue in the area of programs, (A) - (E) of this paragraph must be considered.
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(A) All DHS resources available for use in the funding and operation of the service, program, or activity are considered.
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(B) The burden of proving that compliance with the Act would fundamentally alter the nature of a service, program, or activity or would result in undue financial and administrative burdens rests with DHS. -
(C) In choosing among methods to meet compliance, DHS gives priority consideration to methods that are consistent with providing services in the most integrated setting appropriate to the needs of individuals with disabilities.
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(D) Structural changes in existing facilities are required only when there are no other feasible ways to make the Department's programs accessible.
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(E) DHS may comply with the program accessibility requirement by delivering services at alternate accessible sites or by making home visits as appropriate.
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