340:1-11-54. Undue hardship and reasonable accommodation
The Oklahoma Department of Human Services (DHS) is not required to provide a reasonable accommodation when doing so would place an undue hardship on DHS in terms of effort or expense.
(1) For an employment-related accommodation the following factors are considered with regard to employment and include the:
(A) nature and cost of the accommodation;
(B) overall financial resources of the facility or facilities involved in providing the accommodation;
(C) number of persons employed at the facility;
(D) effect on expenses and resources, or the impact otherwise of the accommodation upon the facility's operation;
(E) DHS financial resources;
(F) overall size of DHS with respect to the number of its employees;
(G) number, type, and location of DHS facilities;
(H) type of DHS operation or operations, including the composition, structure, and functions of the DHS work force;
(I) geographic separateness; and
(J) administrative or fiscal relationship of the facility or facilities in question to DHS.
(2) For a program-related accommodation, the following factors are considered:
(A) the DHS resources available for use in the funding and operation of the service, program, or activity;
(B) when the accommodation would fundamentally alter the nature of the service, program, or activity;
(C) if the accommodation is consistent with providing services in the most integrated setting appropriate to the needs of individuals with disabilities; and
(D) if an alternative and accessible site is available for the provision of services.