Undue hardship

- Employers do not have to provide a particular accommodation if it would pose an undue hardship.
- Employers should try to find another accommodation that would not pose an undue hardship.
Employers must provide a reasonable accommodation if a person with a disability needs one to apply for a job, perform a job, or enjoy benefits equal to those offered to other employees. Employers do not, however, have to provide any accommodation that would pose an undue hardship.
Undue hardship means that providing the accommodation would result in significant difficulty or expense, based on an employer’s resources and the operation of the business. While the “undue hardship” provision considers the financial realities of the particular employer, the concept of an undue hardship is not limited to financial difficulty and may refer to any accommodation that would be:
- Excessively costly
- Extensive
- Substantial
- Disruptive
- Fundamentally altering the nature or operation of the business
Determinations of undue hardship must be based on an individualized assessment of current circumstances that show a specific reasonable accommodation would cause significant difficulty or expense. If providing a particular accommodation would result in undue hardship, employers should consider whether another accommodation exists would not.
Employers may not claim undue hardship based on employees’ or customers’ fears or prejudices toward the individual’s disability. Similarly, undue hardship cannot be claimed because providing the accommodation might have a negative impact on the morale of other employees. Employers may, however, be able to show undue hardship where providing an accommodation would be unduly disruptive to other employees’ ability to work.