What is the reasonable accommodation process?

The reasonable accommodation process is an important part of disability law in New Mexico, and is designed to help persons with disabilities meet the requirements of the law. Under this process, persons with disabilities have the right to request a change or modification to a workplace, educational, or other program or activity that is necessary to help them fully participate. This change or modification is known as a reasonable accommodation. In New Mexico, employers, educational institutions, and other public and private entities must provide reasonable accommodations to persons with disabilities, if it does not impose an undue hardship on the employer or institution. Generally, an undue hardship is something that is too costly, extensive, or disruptive to the normal operation of the business. To initiate the reasonable accommodation process, a person with a disability must inform the employer, educational institution, or other entity of their need for an accommodation. The employer or institution must then decide whether it can provide the requested accommodation and may have to provide reasonable alternative accommodations. For example, if an employee with a disability requests a screen reader for their computer, the employer might provide an audio transcription program as a reasonable alternative. Once an accommodation is agreed upon, the employer or institution must make the necessary changes to the workplace or educational program. The employer or institution should also review their policies and procedures to ensure they are accessible to persons with disabilities. In New Mexico, legal action may be taken if an employer, educational institution, or other entity does not comply with the reasonable accommodation process.

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