Reasonable Accommodations: Undue Hardship Defense

» Articles » Employment & Labor Articles » Article

January 06, 2016


The only statutory limitation on an employer’s obligation to provide reasonable accommodation is that no such change is required if it would cause “undue hardship” to the employer. “Undue hardship” means significant difficulty or expense, and focuses on the resources and circumstances of the particular employer with regard to the cost or difficulty of providing a specific accommodation. A determination of whether an accommodation constitutes an undue hardship is based on several factors, including:

  • the nature and cost of the accommodation;
  • the overall financial resources of the facility making the reasonable accommodation;
  • the number of persons employed at the facility;
  • the effect of the accommodation on the expenses and resources of the facility;
  • the overall financial resources, size, number of employees 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. 29 C.F.R. § 1630.2(p)(2).

Thus, undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business.


The material appearing in this web site is for informational purposes only and is not legal advice. Transmission of this information is not intended to create, and receipt does not constitute, an attorney-client relationship. The information provided herein is intended only as general information which may or may not reflect the most current developments. Although these materials may be prepared by professionals, they should not be used as a substitute for professional services. If legal or other professional advice is required, the services of a professional should be sought.

The opinions or viewpoints expressed herein do not necessarily reflect those of Lorman Education Services. All materials and content were prepared by persons and/or entities other than Lorman Education Services, and said other persons and/or entities are solely responsible for their content.

Any links to other web sites are not intended to be referrals or endorsements of these sites. The links provided are maintained by the respective organizations, and they are solely responsible for the content of their own sites.