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[Code of Federal Regulations]
[Title 29, Volume 4, Parts 900 to 1899]
[Revised as of July 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1630.9]

[Page 345-346]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE AMERICANS WITH DISABILITIES ACT--Table of Contents
 
Sec. 1630.9  Not making reasonable accommodation.

    (a) It is unlawful for a covered entity not to make reasonable 
accommodation to the known physical or mental limitations of an 
otherwise qualified applicant or employee with a disability, unless such 
covered entity can demonstrate that the accommodation would impose an 
undue hardship on the operation of its business.
    (b) It is unlawful for a covered entity to deny employment 
opportunities to an otherwise qualified job applicant or employee with a 
disability based on the need of such covered entity to make reasonable 
accommodation to such individual's physical or mental impairments.

[[Page 346]]

    (c) A covered entity shall not be excused from the requirements of 
this part because of any failure to receive technical assistance 
authorized by section 506 of the ADA, including any failure in the 
development or dissemination of any technical assistance manual 
authorized by that Act.
    (d) A qualified individual with a disability is not required to 
accept an accommodation, aid, service, opportunity or benefit which such 
qualified individual chooses not to accept. However, if such individual 
rejects a reasonable accommodation, aid, service, opportunity or benefit 
that is necessary to enable the individual to perform the essential 
functions of the position held or desired, and cannot, as a result of 
that rejection, perform the essential functions of the position, the 
individual will not be considered a qualified individual with a 
disability.