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Library: Policy

340:1-11-54. Undue hardship and reasonable accommodation

Revised 9-15-16

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.

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