Undue Hardship

An employer has a legal duty to accommodate the needs of its employees, up to the point of undue hardship. In other words, employers are required to endure a degree of inconvenience, effort, and expense to accommodate, but they are not expected to endure overly onerous hardships in doing so. In considering whether the employer’s efforts have reached the point of undue hardship, we must consider the amount of the expense associated with fulfilling the accommodation, the size of the employer, the impact of the accommodation on the operations and on other employees (including their morale), the interchangeability of work forces, and health and safety concerns. The analysis of what is undue hardship is a factual determination based on the particular employee, employer, and workplace.

 

We can provide advice to all parties regarding what does or does not constitute undue hardship based on the unique facts of your circumstances.