---
kind: "section"
citation: "29 C.F.R. § 1630.9"
title: "29"
number: "1630.9"
heading: "Not making reasonable accommodation."
url: "https://uscodex.org/cfr/29/1630.9"
---

# §1630.9. Not making reasonable accommodation.

- (a) It is unlawful for a 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 covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of its business.
- (b) It is unlawful for a covered entity to deny employment opportunities to an otherwise qualified job applicant or employee with a disability based on the need of such covered entity to make reasonable accommodation to such individual's physical or mental impairments.
- (c) A covered entity shall not be excused from the requirements of this part because of any failure to receive technical assistance authorized by [section 507](/cfr/29/507.md) of the ADA, including any failure in the development or dissemination of any technical assistance manual authorized by that Act.
- (d) An individual with a disability is not required to accept an accommodation, aid, service, opportunity or benefit which such qualified individual chooses not to accept. However, if such individual rejects a reasonable accommodation, aid, service, opportunity or benefit that is necessary to enable the individual 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 individual will not be considered qualified.
- (e) A covered entity is required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability under the “actual disability” prong ([§ 1630.2(g)(1)(i)](/cfr/29/1630.2.md?p=g-1-i)), or “record of” prong ([§ 1630.2(g)(1)(ii)](/cfr/29/1630.2.md?p=g-1-ii)), but is not required to provide a reasonable accommodation to an individual who meets the definition of disability solely under the “regarded as” prong ([§ 1630.2(g)(1)(iii)](/cfr/29/1630.2.md?p=g-1-iii)).

## Notes

### Amendments

[56 FR 35734, July 26, 1991, as amended at 76 FR 17002, Mar. 25, 2011]

### Authority

Authority: 42 U.S.C. 12116 and 12205a of the Americans with Disabilities Act, as amended.

### Source

Source: 56 FR 35734, July 26, 1991, unless otherwise noted.

### Amendments

[56 FR 35734, July 26, 1991, as amended at 76 FR 17002, Mar. 25, 2011]