Current through October 23, 2024
Section 910 IAC 3-3-6 - Not making reasonable accommodationAuthority: IC 22-9-5-27
Affected: IC 22-9-5
Sec. 6.
(a) It is unlawful for a covered entity not to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of its business.(b) It is unlawful for a covered entity to deny employment opportunities to an otherwise qualified job applicant or employee with a disability based on the need of such covered entity to make reasonable accommodation to such individual's physical or mental impairments.(c) A covered entity shall not be excused from the requirements of this article because of any failure to receive technical assistance authorized by Section 506 of the Americans with Disability Act, including any failure in the development or dissemination of any technical assistance manual authorized by that Act.(d) A qualified individual with a disability is not required to accept an accommodation, aid, service, opportunity, or benefit which such qualified individual chooses not to accept. However, if such individual rejects a reasonable accommodation, aid, service, opportunity, or benefit that is necessary to enable the individual to perform the essential functions of the position held or desired, and cannot, as a result of that rejection, perform the essential functions of the position, the individual will not be considered a qualified individual with a disability.Civil Rights Commission; 910 IAC 3-3-6; filed Dec 31, 1998, 2:10 p.m.: 22 IR 1521; readopted filed Oct 18, 2005, 2:30 p.m.: 29 IR 897; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFAReadopted filed 9/27/2019, 2:32 p.m.: 20191030-IR-910190407RFA