[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR104.12]



[Page 375-376]

 

                           TITLE 34--EDUCATION

 

       CHAPTER I--OFFICE FOR CIVIL RIGHTS, DEPARTMENT OF EDUCATION

 

PART 104_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

                     Subpart B_Employment Practices

 

Sec.  104.12  Reasonable accommodation.



    (a) A recipient shall make reasonable accommodation to the known 

physical or mental limitations of an otherwise qualified handicapped 

applicant or employee unless the recipient can demonstrate that the 

accommodation would impose an undue hardship on the operation of its 

program or activity.

    (b) Reasonable accommodation may include:

    (1) Making facilities used by employees readily accessible to and 

usable by handicapped persons, and

    (2) Job restructuring, part-time or modified work schedules, 

acquisition



[[Page 376]]



or modification of equipment or devices, the provision of readers or 

interpreters, and other similar actions.

    (c) 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 or activity, factors to be considered include:

    (1) The overall size of the recipient's program or activity with 

respect to number of employees, 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

    (3) The nature and cost of the accommodation needed.

    (d) A recipient may not deny any employment opportunity to a 

qualified handicapped employee or applicant if the basis for the denial 

is the need to make reasonable accommodation to the physical or mental 

limitations of the employee or applicant.



[45 FR 30936, May 9, 2000, as amended at 65 FR 68054, Nov. 13, 2000]