SECTION 335:15-9-2. Reasonable accommodation for handicap

  Reasonable accommodation, although not defined in the Rehabilitation Act, is interpreted by the Commission as follows:

(1)   An employer subject to Title 25, O.S., supra, shall make reasonable accommodation to the known limitations of an otherwise qualified handicapped applicant or employee unless the employer can demonstrate that the accommodation would impose an undue hardship.

(2)   Reasonable accommodation by an employer may include:

(A)   Modification of work sites and commonly used areas, such as parking lots, lunch rooms, restrooms, desks and work benches.

(B)   Job restructuring, modified work or attendance schedules, modification of equipment, purchase of assistive devices and other similar actions.

(3)   In deciding whether an accommodation would impose an undue hardship on an employers normal operations, the following should be considered:

(A)   What are the essential functions of the job; that is, what basic qualifications are necessary to perform all the essential functions, or, what bona fide occupational qualifications are reasonably necessary to the normal operation of the employers business?

(B)   Are there reasonable accommodations available that would enable the qualified handicapped person to perform the essential job functions?

(4)   Factors to consider in determining whether an employer can reasonably accommodate the qualified handicapped person include:

(A)   The overall size of the employer's operations, number of employees, number and type of facilities, location of facilities, and ease of alterations of the employer's facilities.

(B)   The type of the employer's operation, including the composition and structure of the employer's work force.

(C)   The nature, cost, and funding for the accommodation needed. Resources that are available to aid the employer in accommodation, and other resources or support to assist the employer and qualified handicapped person in structuring a successful employment situation.