- A. An owner, operator, manager, or lessor of a place of public accommodation is not required to make a reasonable accommodation, if it is demonstrated that the accommodation would impose undue hardship or expense to the operation of the business or program.
- B. The owner, operator, manager, or lessor of a place of public accommodation has the burden of proving an inability to accommodate an individual with a disability because of undue hardship or expense.
C. In determining if an accommodation would impose undue hardship or expense, the following factors shall be considered:
- (1) The nature and cost of the accommodation needed;
- (2) The financial resources of the individual or entity that owns, operates, manages, or leases the place of public accommodation, and a parent corporation, if applicable;
- (3) The overall size of the place of public accommodation, and number and type of facilities;
- (4) The type of business or program of the public accommodation; and
- (5) Legitimate safety requirements that are necessary for safe operation.
- D. Safety requirements referred in §C(5) of this regulation 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Regulations .01—.08, Anti-Discrimination Relating to the Handicapped, repealed and new Regulations .01—14, Anti-Discrimination Relating to Persons with Disabilities, adopted effective December 24, 2001 (28:25 Md.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)