1. A. The covered entity has the burden of proving an inability to accommodate a qualified individual with a disability.

2. B. In determining whether an accommodation would impose an undue hardship on the covered entity's business or program, the following factors shall be considered:

   1. (1) The nature and cost of the accommodation needed;
   2. (2) The financial resources of the covered entity, and any parent corporation if applicable;
   3. (3) The size of the business with respect to the number and type of facilities;
   4. (4) The type of business or program, including the composition and structure of the work force;
   5. (5) The ability of the covered entity to conduct business or operate programs with the accommodation;
   6. (6) The effect of the accommodation on other employees' performance; and
   7. (7) Legitimate safety concerns.
3. C. Safety requirements shall be based on actual information or data, not speculation, conjecture, stereotypes, or generalizations about individuals with disabilities.

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Regulations .01—.08, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .01—14, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md.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)