[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR32.13]

[Page 322-323]
 
                             TITLE 29--LABOR
 
PART 32--NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS AND ACTIVITIES RECEIVING OR BENEFITING FROM FEDERAL FINANCIAL ASSISTANCE--Table of Contents
 
Subpart B--Employment Practices and Employment Related Training Program 
                              Participation
 
Sec. 32.13  Reasonable accommodation.

    (a) A recipient shall make reasonable accommodation to the known 
physical or mental limitations of an otherwise qualified handicapped 
applicant, employee or participant unless the recipient can demonstrate 
that the accommodation would impose an undue hardship on the operation 
of its program.
    (b) In determining pursuant to paragraph (a) of this section whether 
an accommodation would impose an undue hardship on the operation of a 
recipient's program, factors to be considered include;
    (1) The overall size of the recipient's program with respect to 
number of employees, number of participants, number and type of 
facilities, and size of budget;
    (2) The type of the recipient's operation, including the composition 
and structure of the recipient's workforce, and duration and type of 
training program; and
    (3) The nature and cost of the accommodation needed.
    (c) A recipient may not deny any employment or training opportunity 
to a

[[Page 323]]

qualified handicapped employee, applicant or participant if the basis 
for the denial is the need to make reasonable accommodation to the 
physical or mental limitations of the employee, applicant or 
participant.
    (d) Nothing in this paragraph shall relieve a recipient of its 
obligation to make its program accessible as required in subpart C of 
this part, or to provide auxiliary aids, as required by Sec. 32.4(b)(7).