When your employee requests a reasonable accommodation for their disability, you might wonder where to draw the line between what’s feasible and what creates an undue hardship for your business. Understanding this distinction helps you make fair decisions while maintaining your organization’s operational stability.
The Americans with Disabilities Act (ADA) requires all employers to provide reasonable accommodations unless doing so would cause undue difficulty or expense to the organization. This evaluation isn’t just about the financial impact – it encompasses broader operational considerations and your business’s overall resources.
Understanding factors that constitute undue hardship
Several elements come into play when determining if an accommodation request creates undue hardship for your organization. These may include:
- Financial impact relative to size: A $5,000 accommodation might create undue hardship for a small business but not for a large corporation. Consider your company’s budget size and available financial resources when evaluating accommodation requests.
- Business operations disruption: If an accommodation would fundamentally alter how your business operates or significantly impact productivity, it might qualify as undue hardship. For example, removing essential job functions or restructuring core business hours could disrupt normal operations.
- Workplace safety concerns: When an accommodation would compromise workplace safety standards or create new risks for other employees, you may have grounds for undue hardship. This includes modifications that could violate occupational safety regulations.
- Facility limitations: Physical modifications that are extremely difficult due to the building’s structure or lease agreements might constitute undue hardship. This could include major architectural changes or alterations prohibited by building codes.
- Impact on other employees: If an accommodation substantially affects other workers’ ability to perform their duties or access workplace resources, it might create undue hardship.
Remember that you can’t reject an accommodation request simply because it involves some cost or change to your usual practices. You must demonstrate that the hardship is genuine and significant. When evaluating accommodation requests, document your assessment process thoroughly and explore alternative solutions that might work for both parties.
If you’re uncertain about whether a specific situation qualifies as undue hardship, consider seeking skilled legal guidance to help you evaluate the circumstances and make informed decisions that align with ADA requirements.