What is considered undue hardship? (2023)

What are examples of undue hardship?

For example, courts have found undue hardship where the accommodation diminishes efficiency in other jobs, infringes on other employees' job rights or benefits, impairs workplace safety, or causes co-workers to carry the accommodated employee's share of potentially hazardous or burdensome work.

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What factors are considered when determining the point of undue hardship?

The Code prescribes only three considerations when assessing whether an accommodation would cause undue hardship:
  • cost.
  • outside sources of funding, if any.
  • health and safety requirements, if any.

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What is the legal definition of undue hardship?

"Undue hardship" means significant difficulty or expense and focuses on the resources and circumstances of the particular employer in relationship to the cost or difficulty of providing a specific accommodation.

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What constitutes an undue burden?

An undue burden is a requirement of Title II or Title III of the Americans with Disabilities Act (ADA) that would cause a significant difficulty or expense if carried out.

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What is considered a hardship situation?

Hardship Examples

The most common examples of hardship include: Illness or injury. Change of employment status. Loss of income. Natural disasters.

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Who is responsible for proving undue hardship?

To claim the undue hardship defence, the organization responsible for making the accommodation has the onus of proof. [247] It is not up to the person with a disability to prove that the accommodation can be accomplished without undue hardship.

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What are examples of reasonable accommodations?

What types of accommodations are generally considered reasonable?
  • Change job tasks.
  • Provide reserved parking.
  • Improve accessibility in a work area.
  • Change the presentation of tests and training materials.
  • Provide or adjust a product, equipment, or software.
  • Allow a flexible work schedule.

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What is employment hardship?

Employment hardship refers to certain situations in the labor force where an individual is either unemployed or employed under undesirable conditions. The unemployed suffering from hardship include those searching for jobs as well as those who have become discouraged and given up searching altogether.

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What is constructive discrimination?

Sometimes a rule or practice unintentionally singles out a group of people and results in unequal treatment. This type of unintentional discrimination is called “constructive” or “adverse effect” discrimination.

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What does it mean to accommodate someone to the point of undue hardship provide examples?

Sometimes accommodation is not possible because it would cost too much, or create health or safety risks. This is known as undue hardship. Your employer or service provider can claim undue hardship as the reason why certain policies or practices need to stay in place, even though they may have a negative effect on you.

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