Haw. Code R. § 12-46-187 - Failure to make reasonable accommodation
(a) It is unlawful
for an employer or other 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 employer or
entity can demonstrate that the accommodation would impose an undue hardship on the operation of its business. An employee does not have to specifically request a "reasonable accommodation", but must only let the employer know that some adjustment or change is needed to do a job because of limitations caused by a disability.
(b) To determine the appropriate reasonable
accommodation, it shall be necessary for an employer or other covered entity to
initiate an interactive process, after a request for an accommodation, with the
qualified person with a disability in need of the accommodation. This process
shall identify the precise limitations resulting from the disability and
potential reasonable accommodations that could overcome those
limitations.
(c) It is unlawful for
an employer or other covered entity to deny employment opportunities to an
otherwise qualified applicant or employee with a disability based on the need
of such employer or entity to make reasonable accommodation to such person's
physical or mental impairments.
(d)
A qualified person with a disability is not required to accept an
accommodation, aid, service, opportunity, or benefit which such qualified
person chooses not to accept. However, if such person, after notice by the
employer or other covered entity of the possible consequences of rejecting,
rejects a reasonable accommodation, aid, service, opportunity, or benefit that
enables the person 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 person will not be considered a qualified person
with a disability.
Notes
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.