As a Santa Ana, California, employer, you probably know much about avoiding and preventing disability discrimination. You may also know that the Americans with Disabilities Act (ADA) governs the treatment of disabled workers in the U.S. You may even know that you must make reasonable accommodations in your workspace to support these workers.
You might not know that if you can prove such accommodations will cause you undue hardships, you might not have to comply. We know you want to support workers with disabilities, but not at the risk of harming your company. In this post, we will discuss proving undue hardships when a disabled worker accuses you of discrimination.
How is undue hardship determined under the ADA?
You cannot tell ADA authorities that making reasonable accommodations will result in undue hardships. You must prove your case. Below are several of the factors authorities look at to determine undue hardships, according to the Equal Employment Opportunity Commission (EEOC).
- The type and costs of needed accommodations
- The financial resources and expenses of your business
- If your business is part of another company or facility, the financial resources and expenses of the larger entity
- Factors associated with your operation such as its structure, functions and administrative or fiscal matters
- How making requested accommodations might impact your business or facility
You should also understand that the government expects you to explore all financial resources at your disposal to make reasonable accommodations. In other words, you must make every effort to find enough funds to accommodate your disabled workers.
It is in your best interest to learn more about employment law to avoid litigation and make your workspace comfortable for all employees. A professional experienced in employer representation can help.