(a) A recipient shall make reasonable accommodation to the known
physical or mental limitations of an otherwise qualified handicapped
applicant, employee or participant unless the recipient can demonstrate
that the accommodation would impose an undue hardship on the operation
of its program.
(b) In determining pursuant to paragraph (a) of this section whether
an accommodation would impose an undue hardship on the operation of a
recipient's program, factors to be considered include;
(1) The overall size of the recipient's program with respect to
number of employees, number of participants, number and type of
facilities, and size of budget;
(2) The type of the recipient's operation, including the composition
and structure of the recipient's workforce, and duration and type of
training program; and
(3) The nature and cost of the accommodation needed.
(c) A recipient may not deny any employment or training opportunity
to a qualified handicapped employee, applicant or participant if the
basis for the denial is the need to make reasonable accommodation to the
physical or mental limitations of the employee, applicant or
participant.
(d) Nothing in this paragraph shall relieve a recipient of its
obligation to make its program accessible as required in subpart C of
this part, or to provide auxiliary aids, as required by Sec. 32.4(b)(7).
