Ill. Admin. Code tit. 56, § 2500.40 - Reasonable Accommodation
a)
Requirement - Employers and labor organizations must make reasonable
accommodation of the known physical or mental limitations of otherwise
qualified disabled applicants or employees, unless the employer or labor
organization can demonstrate that accommodation would be prohibitively
expensive or would unduly disrupt the ordinary conduct of business. Whether an
accommodation would be prohibitively expensive or disruptive will involve
weighing its cost and inconvenience against the immediate and potential
benefits of providing it, when the immediate benefit is facilitation of the
disabled person's employment and the potential benefits include facilitating
access by other disabled employees, applicants, clients and customers.
Accommodation may include: alteration of the facility or work site;
modification of work schedules or leave policy; acquisition of equipment; job
restructuring; provision of readers or interpreters; and other similar
actions.
b) Exceptions -
Accommodations of a personal nature (e.g., eyeglasses or hearing aids) need not
be provided, nor is it necessary to provide any superfluous accommodation
(e.g., provision of a chauffeur to accommodate a blind person's traveling
difficulties). No employer is required to hire two full time employees to
perform one job in order to accommodate a disabled individual.
c) Employee's Burden - It is the duty of the
individual seeking an accommodation to apprise the employer or labor
organization involved of the employee's disabling condition and submit any
necessary medical documentation. The individual must ordinarily initiate the
request for accommodation and must cooperate in any ensuing discussion and
evaluation aimed at determining the possible or feasible
accommodations.
d) Employer's or
Labor Organization's Burden - Once a disabled individual has initiated a
request for accommodation, or if a potential accommodation is obvious in the
circumstances, it is the duty of the employer or labor organization involved to
provide the necessary accommodation in conformance with subsection (a). In
response to a discrimination charge involving a refusal to provide an
accommodation, an employer or labor organization must show that the disabled
individual would be unqualified even with accommodation, that the accommodation
would be prohibitively expensive or would unduly disrupt the conduct of
business, or that the accommodation would constitute an exception as described
in subsection (b).
Notes
Amended at 33 Ill. Reg. 3506, effective February 5, 2009
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.