A. A covered entity:
- (1) Shall make a reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability;
- (2) Is not required to provide an accommodation, if it demonstrates that the accommodation would impose undue hardship on the operation of its business or program; and
- (3) May not deny an employment opportunity to a qualified individual with a disability, if the basis for the denial is the need to accommodate the individual's physical or mental limitations, and this accommodation, if attempted, would be reasonable.
B. Examples of a reasonable accommodation include, but are not limited to:
- (1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities;
- (2) Providing or modifying equipment or devices;
- (3) Job restructuring;
- (4) Part-time or modified work schedules;
- (5) Reassigning or transferring an employee to a vacant position, light duty job, different work location, or other alternative employment opportunity which is available under the employer's existing policies or practices;
- (6) Teleworking;
- (7) Permitting an employee to use paid or unpaid sick leave, disability leave, medical leave, or other leave which is available under the employer's existing policies or practices;
- (8) Adjusting or modifying examinations, training materials, or policies;
- (9) Waiving a no pet requirement to allow use of a service animal;
- (10) Providing applicants or employees with a disability with an opportunity to demonstrate their pertinent knowledge, skills, and abilities by testing methods adapted to their special circumstances if employment tests are used;
- (11) Making reasonable modifications in the covered entity's rules, policies, and practices if the modification may enable an applicant or employee with a disability to perform the essential functions of the job; and
- (12) Reanalyzing, with full consideration to the needs of the applicant or employee with a disability, job specifications, qualifications, or criteria to determine if they may be waived or modified.
Authority: State Government Article, §§10-111, 10-111.1(b), 10-205, 2-506, and 20-207, Annotated Code of Maryland;
62 Opinions of the Attorney General 36 (1977)
Effective date: July 27, 1979 (6:15 Md. R. 1285)
Regulation .02 amended effective April 4, 1988 (15:7 Md. R. 852)
Regulations .01—.08, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .01—14, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md. R. 2192)
Regulation .01 amended effective April 18, 2011 (38:8 Md. R. 507)
Regulation .02B amended effective April 18, 2011 (38:8 Md. R. 507)
Regulation .07D amended effective April 18, 2011 (38:8 Md. R. 507)
Regulation .09B amended effective April 18, 2011 (38:8 Md. R. 507)
Regulation .14 amended effective April 18, 2011 (38:8 Md. R. 507)