When an employee requests an accommodation in the workplace, employers must carefully consider how that change affects business operations. The concept of undue hardship exists to help employers understand when a request may go beyond what is legally required under employment discrimination laws.
An accommodation may be considered an undue hardship if it causes significant difficulty or expense to the business. However, that threshold is not the same for every employer. Each situation requires an individual assessment based on business size, resources and operations.
1. Nature and cost of the accommodation
One of the first factors considered is how much the accommodation would cost and what it involves. If the request requires the purchase of expensive custom equipment or substantial structural changes, it may be viewed as unreasonable for some employers. This is especially true if the cost does not align with the size and income of the business.
2. Financial resources of the business
Employers with fewer financial resources may be held to a different standard than larger organizations. A small company might find a particular accommodation too burdensome due to limited revenue or staffing. Financial statements, budgets and available assets can all be considered when evaluating hardship.
3. Impact on daily operations
Some accommodations interfere with how a business normally functions. For example, schedule changes that shift burdens onto other workers or workspace adjustments that affect productivity may be viewed as disruptive. Employers must evaluate how the accommodation fits within their existing processes.
4. Health and safety risks
If a requested change would compromise safety for the employee or others, it may not be reasonable. For instance, an accommodation that removes necessary protective gear or limits the ability to meet industry safety standards could create unacceptable risk in certain work environments.
5. Availability of alternatives
Employers are expected to explore other possible solutions before denying a request. If a less burdensome option is available that still meets the employee’s needs, that approach should be considered first. Failing to examine alternatives may weaken an undue hardship claim.
Undue hardship claims must be approached with care. If handled poorly, they may lead to disability discrimination claims. Obtaining legal guidance can help businesses evaluate requests thoroughly and reduce legal exposure.