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HR/Payroll Solutions
'Undue hardship' determination is based on several factors
Q: How do I know if a work accommodation an employee is requesting will create an undue hardship?
A: The Americans with Disabilities Act (ADA) prohibits employers from discriminating against individuals with disabilities in employment, and requires that employers provide reasonable accommodation so that qualified persons with disabilities can perform essential job functions, unless an accommodation is unreasonable or would create an undue hardship.
Reasonable accommodations may include modifying work schedules, making facilities more accessible and reassigning marginal job duties. While many accommodations are easily implemented, others are not, and employers are then faced with the task of determining whether an accommodation would create an undue hardship.
What is considered an undue hardship? The Equal Employment Opportunity Commission (EEOC) defines undue hardship as an action requiring significant difficulty or expense as it relates to the individual business. A determination of undue hardship should be based on several factors, including:
- The nature and cost of the accommodation needed.
- The overall financial resources of the facility making the reasonable accommodation, taking into account the number of persons employed at the facility and the facility's expenses.
- The overall financial resources, size, number of employees and type and location of facilities of the employer (if the facility involved in the reasonable accommodation is part of a larger entity).
- The type of operation of the employer, including the structure and functions of the workforce, the geographic separateness and the administrative or fiscal relationship of the facility involved in making the accommodation to the employer.
- The impact of the accommodation on the operation of the facility.
As the above indicates, many different factors come into play when determining whether an accommodation would pose an undue hardship. What may constitute an undue hardship to one employer may not be a hardship to another employer.
Employers are encouraged to explore different options when considering an accommodation request. If, for example, an accommodation seems to pose a financial hardship, the employer should look to outside agencies for potential funding as well as investigate certain tax credits that might assist in accommodating an employee's request. Employers may also seek assistance from the Job Accommodation Network, a free service that provides employers with accommodation options for individuals with disabilities.
Because an entire organization's resources, not just a division's or department's, will be considered by the EEOC in determining whether an accommodation would pose an undue hardship, it can be difficult to show that an accommodation would be too costly.
In addition, employers shouldn't forget that they are not required to provide the accommodation requested by employees. If another reasonable accommodation is available and would not be unreasonable or result in an undue hardship, the employer should, after engaging in the interactive process with the employee, offer that.
If an employer, after reviewing all possible scenarios, determines that it cannot reasonably accommodate an employee, the employer may wish to consult with legal counsel to ensure it has sound business reasons for denying an accommodation request.
For more information on reasonable accommodation and undue hardship, please visit the EEOC web site.
Article by Angela Stone, SPHR, is an information specialist in SHRM's Information Center from http://www.shrm.org/kc/solutions/articles/archives/CMS_020737.asp#P-8_0
