What is an undue hardship for a reasonable accommodation under the ADA?
An “undue hardship” is an “action requiring significant difficulty or expense” related to an employee’s request for an ADA accommodation.
There are often many components associated with a request for accommodation. These include the nature and cost of the potential accommodation in relation to the size, resources, nature and the structure of the employer’s operation. Each situation dealing with a possible undue hardship should be determined on a case-by-case basis. In general, a larger employer with more resources would be expected to make accommodations requiring a greater effort or expense than a smaller employer with fewer resources.
How does an employee request a reasonable accommodation at work?
According to the Equal Employment Opportunity Commission (EEOC), when an employee requests an accommodation, the employee or their representative must let their employer know they need an adjustment or change at work for reasons related to a medical condition.
Requests for reasonable accommodation do not have to be in writing. An employee may request the change in a face-to-face or virtual conversation, or using any other method of communication. Employers may write an email or letter after the verbal request confirming the employee’s request, and many ask the employee to fill out a form or submit the request in written form if the employee is able.
Good documentation practices are to retain all memos, requests, and emails regarding the employee’s request for an accommodation. In case of a dispute about the nature of the request, these documents will be useful.
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The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.
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