odr

Office of Disability Rights
 

DC Agency Top Menu


-A +A
Bookmark and Share

When Can the District Deny an Accommodation?

Undue Hardship

The agency may decline to provide an accommodation because such accommodation is unduly

  • Expensive;
  • Extensive;
  • Substantial;
  • Disruptive; or
  • Would fundamentally alter the nature or operations of the agency

Whether an accommodation causes an undue hardship must be determined in light of all available financial and administrative resources.

Direct Threat

An agency may decline to provide an accommodation because the accommodation would pose a direct threat to health or safety. In order to be a direct threat, there must a significant risk of substantial harm. The determination of a direct threat must be based on an individualized assessment of the applicant or employee with a disability, must rely on current medical knowledge, and must not be based on generalized assumptions or stereotypes.