The Americans with Disabilities Act (ADA) requires employers provide reasonable accommodations to employees with disabilities. This requirement aims to ensure that all employees have equal opportunities to perform their jobs and participate in employment-related activities. There are limitations to this obligation, especially when an accommodation causes significant difficulty or expense for the employer.
This is known as undue hardship.
What constitutes a reasonable accommodation?
An employer makes reasonable accommodations when they adjust or modify a position in a way that allows people with disabilities to have equal employment opportunities. These accommodations are different for each employer depending on the situation but can include:
- Adjusting current facilities so that they are accessible,
- Restructuring existing jobs or modifying work schedules,
- Adding or modifying equipment, and
- Providing qualified readers or interpreters.
Not all accommodations are reasonable if they cause undue hardship to the employer.
What is the difference between accommodation and undue hardship?
An undue hardship refers to accommodations that result in a considerable difficulty or expense to the employer. In deciding whether an accommodation would impose an undue hardship, employers must consider several factors including:
- The type and expense of the accommodation,
- Financial resources,
- The size of the workforce, and
- The effect on expenses and resources of the facility.
If an accommodation would significantly impact the operation of a business, it might be considered an undue hardship.
Employers must balance the need to accommodate employees with disabilities with their organization’s capability to sustain such changes without significant hardship. Both employers and employees are wise to understand their rights and obligations under the ADA. By distinguishing between reasonable accommodations and undue hardships, employers can make informed decisions that align with legal requirements and ethical considerations.