What are some factors to consider in determining undue hardship?

“Undue hardship” is defined as an “action requiring significant difficulty or expense” when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer’s operation.

What is considered an undue hardship under the ADA?

Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.

What is an example of an undue hardship?

Undue Hardship to the Company For example, an accommodation request may include a job-sharing situation that requests the hiring of another to share the job. This could be an undue hardship for a sole-proprietor’s small business that produces a small amount of revenue and only has one employee in that position.

How can an employer prove undue hardship?

An employer may be able to claim undue hardship if the cost of a proposed accommodation is considered excessively high, thus jeopardizing the business’s survival, or if the accommodation threatens to change the business’s essential nature.

What if an employee refuses an ADA accommodation?

If the employer does violate the ADA by refusing a reasonable accommodation for a qualified disabled worker, the employee may need to hire lawyer. He or she may need to progress through a claim for compensation or another remedy depending on what the person is looking for from the situation.

Is anxiety disorder covered under ADA?

Essentially any chronic condition which significantly limits a bodily function is going to qualify, and cognitive thinking and concentration are bodily functions. In most cases, chronic stress and anxiety disorders are covered by the ADA.

What conditions are not covered under ADA?

An individual with epilepsy, paralysis, a substantial hearing or visual impairment, mental retardation, or a learning disability would be covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, infection, or broken limb, generally would not be covered.

Who has the burden of proof to show that accommodating an employee would constitute undue hardship?

The employer must assess the risk to others caused by accommodation and may then decide that this risk would cause undue hardship. If so, the employer should be prepared to provide objective evidence that it honestly believed that an unreasonable risk existed.

How is undue hardship determined under the ADA?

The ADA’s legislative history indicates that Congress wanted employers to consider all possible sources of outside funding when assessing whether a particular accommodation would be too costly. (115) Undue hardship is determined based on the net cost to the employer.

Can an accommodation count as an undue hardship?

See 42 U.S.C. § 12111 (10) (1994); see also House Education and Labor Report, supra note 6, at 69 (” [T]he committee wishes to make clear that the fact that an accommodation is used by only one employee should not be used as a negative factor counting in favor of a finding of undue hardship.”).

Can the morale of other employees be a factor in determining hardship?

The morale of other employees cannot be a factor in considering whether an accommodation constitutes undue hardship.

What is reasonable accommodation under Title 1 of the ADA?

Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation would cause an undue hardship.