[Code of Federal Regulations]

[Title 43, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 43CFR17.211]



[Page 395-396]

 

                    TITLE 43--PUBLIC LANDS: INTERIOR

 

PART 17_NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT

OF THE INTERIOR--Table of Contents

 

          Subpart B_Nondiscrimination on the Basis of Handicap

 

Sec.  17.211  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 but is not limited to: (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 or modification of equipment or devices, the 

provision of readers or interpreters, and other similar actions. This 

list is neither all



[[Page 396]]



inclusive nor meant to suggest that employers must follow all the 

actions listed.

    (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 operations, 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 

handicapped employee or applicant if the basis for denial is the need to 

make reasonable accommodation to the physical or mental limitations of 

the employee or applicant.