SECTION 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.

[Source: Added at 15 Ok Reg 3535, eff 6-4-98 (emergency); Added at 16 Ok Reg 1006, eff 4-26-99; Amended at 33 Ok Reg 1560, eff 9-15-16]