Texas Labor Code - Section 21.128. Reasonable Accommodation; Good Faith Effort
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§ 21.128. REASONABLE ACCOMMODATION; GOOD FAITH
EFFORT. (a) It is an unlawful employment practice for a respondent
covered under this chapter to fail or refuse to make a reasonable
workplace accommodation to a known physical or mental limitation of
an otherwise qualified individual with a disability who is an
employee or applicant for employment, unless the respondent
demonstrates that the accommodation would impose an undue hardship
on the operation of the business of the respondent.
(b) A showing of undue hardship by the respondent is a
defense to a complaint of discrimination made by an otherwise
qualified individual with a disability. In considering a complaint
based on a disability, the commission shall consider the
reasonableness of the cost of any necessary workplace accommodation
and the availability of alternatives or other appropriate relief.
(c) In a complaint in which a discriminatory employment
practice involves the provision of a reasonable workplace
accommodation under this chapter, damages may not be awarded under
Subchapter F if the respondent demonstrates good faith efforts, in
consultation with the otherwise qualified individual with a
disability who has informed the respondent that accommodation is
needed, to identify and make a reasonable workplace accommodation
that would provide the individual with an equally effective
opportunity and would not cause an undue hardship on the operation
of the business.
Added by Acts 1995, 74th Leg., ch. 76, § 9.05(a), eff. Sept. 1,
1995.
Section: 21.121 21.122 21.123 21.124 21.125 21.126 21.127 21.128 21.129 21.151 21.152 21.153 21.154 21.155 21.156
Last modified: August 10, 2007
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