Employers have a duty to provide reasonable accommodations under the Americans with Disabilities Act. However, this obligation is not without limits. If an accommodation would cause significant difficulty or expense, an employer may claim it creates an undue hardship.
Determining undue hardship is not a one-size-fits-all analysis. It requires a close look at the employer’s current circumstances, available resources and the specific accommodation being requested. The following factors help guide this assessment.
1. Nature and cost of the accommodation
The first consideration is the nature and cost of the requested accommodation. Some adjustments require minimal changes, while others may involve specialized equipment or restructuring job duties. Employers must look at the actual cost involved, including whether external funding or tax credits could offset the expense. The focus is on the net cost to the business. Employers are also encouraged to consider alternative accommodations if the original request is too burdensome.
2. Financial resources of the facility
The second factor involves the financial condition of the specific facility responsible for providing the accommodation. If a business has limited funds or operates on a lean budget, the cost of a particular adjustment may be more impactful.
This analysis can include the number of employees at the facility, its annual budget and the effect of the accommodation on available resources. A large company with multiple locations may be expected to bear a greater cost than a smaller, single-site operation.
3. Type and structure of the business
Courts will also evaluate the business’s overall structure and how its different departments or locations interact. For example, a facility that operates independently may not have access to shared resources from a parent company.
The size of the business, geographic layout and internal reporting structure all influence whether an accommodation is considered feasible or burdensome.
4. Impact on operations
Finally, the effect of the accommodation on daily operations is an essential part of the analysis. If a requested adjustment would significantly disrupt productivity, customer service or workplace efficiency, an employer may argue that it creates an undue hardship.
Seeking legal guidance can help protect your rights and support your business in making well-informed decisions about accommodation requests.