12.8 ADA-Undue Hardship

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Multi-State
Control #:
US-JURY-9THCIR-12-8
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Rich Text
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FAQ

"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.

Undue burden means significant difficulty or expense.

What is an unreasonable accommodation? Eliminating a primary job responsibility. Lowering production standards applied to other employees. Providing more paid leave to an employee with a disability than provided to other employees. Changing an employee's supervisor.

"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.

A really expensive accommodation, for example, would be enough to constitute an undue hardship, especially if the employer has few resources.

An undue burden is a requirement of Title II or Title III of the Americans with Disabilities Act (ADA) that would cause a significant difficulty or expense if carried out.

It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of your business.

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12.8 ADA-Undue Hardship