(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
(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 1 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.
(d) A respondent is not obligated to make a reasonable workplace accommodation to
a known physical or mental limitation of an otherwise qualified individual under Subsection
(a) if the individual's disability is based solely on being regarded as having an
impairment that substantially limits at least one major life activity.
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