In employment law, employers are often required to provide reasonable accommodations to employees with disabilities. These accommodations help ensure equal opportunities and access to the workplace. However, not every request is automatically granted. If the request places too much strain on the business, it may qualify as an undue hardship.
Understanding when an accommodation becomes too burdensome is important for both employers and employees. Employment law sets clear expectations for evaluating accommodation requests, and it requires a careful, individualized review.
How do you determine undue hardship?
Undue hardship occurs when a requested accommodation creates significant difficulty or expense in relation to the employer’s size, resources or business operations. Consider the following factors when evaluating whether a request falls into this category.
- Nature and cost of the accommodation: If the cost of implementing the accommodation is high compared to the employer’s available resources, it may qualify as undue hardship. Employers must weigh this against the benefits of the accommodation.
- Size and financial strength of the facility: A small facility with limited budget and staff may not be able to support the same accommodations as a large, well-funded location. Financial limitations at the local level are a key consideration.
- Overall resources of the employer: The company’s total size, workforce and income matter. Even if one location is small, a large national employer may still be required to provide accommodations based on company-wide capacity.
- Impact on operations: An accommodation that significantly disrupts workflow or prevents essential tasks from being completed may be considered an undue hardship. This includes loss of productivity or increased need for supervision.
- Documentation of efforts: Employers must document every step of the process, showing that all options were considered and that the final decision was based on specific limitations, not assumptions or bias.
Accommodation issues can also arise when an employee requests or is on a leave of absence for a physical or mental disability. In addition to the factors listed above, an employer may also need to consider the length of time the employee is requesting off from work; whether the employee has already been off work and for how long, how is the employee’s absence expected to impact operations, productivity and workflow, availability of replacements and burden on other employees.
Each situation must be evaluated individually. Legal guidance can help clarify rights and responsibilities under employment law when dealing with accommodation requests and potential undue hardship.
