Undue Hardship

Definition

Undue hardship refers to the concept that an employer or organization is not required to provide a requested accommodation or modification if it would impose an excessive or disproportionate burden on their operations or resources. It is a key consideration in the context of accommodating different abilities and faiths in the workplace or educational settings.

5 Must Know Facts For Your Next Test

1. Undue hardship is assessed based on the specific circumstances of each case, considering factors such as the nature and cost of the accommodation, the overall financial resources of the organization, and the impact on the organization's operations.
2. Employers are not required to provide an accommodation that would pose a direct threat to the health or safety of the individual or others in the workplace.
3. In the context of accommodating different faiths, undue hardship may be found if providing the requested accommodation, such as time off for religious observances, would significantly disrupt business operations or impose excessive costs.
4. Educational institutions may claim undue hardship if providing a requested accommodation, such as modifying course materials or schedules, would fundamentally alter the nature of the academic program.
5. The determination of undue hardship is a fact-specific analysis and must be assessed on a case-by-case basis, considering the unique circumstances of the individual and the organization.

Review Questions

• Explain the concept of undue hardship and how it relates to accommodating different abilities in the workplace.
  • Undue hardship refers to the principle that an employer is not required to provide a requested accommodation if it would impose an excessive or disproportionate burden on their operations or resources. In the context of accommodating different abilities, employers must engage in an interactive process to identify reasonable accommodations that would enable qualified individuals with disabilities to perform the essential functions of their jobs. However, if the accommodation would result in significant difficulty or expense, or fundamentally alter the nature of the business, the employer may be able to demonstrate undue hardship and be exempt from providing the requested accommodation.
• Describe how the concept of undue hardship may apply to accommodating different faiths in educational settings.
  • In educational settings, the concept of undue hardship can also come into play when accommodating students' religious beliefs and practices. For example, if a student requests a modification to the academic schedule or curriculum to observe religious holidays or engage in religious practices, the educational institution must assess whether providing such an accommodation would impose an undue hardship. Factors to consider include the nature and cost of the accommodation, the overall financial and administrative resources of the institution, and the impact on the educational program's fundamental nature or operations. If the requested accommodation would result in a significant disruption or alteration to the educational program, the institution may be able to demonstrate undue hardship and be exempt from providing the accommodation.
• Analyze the key factors that are considered in determining whether an accommodation would constitute an undue hardship for an employer or educational institution.
  • The determination of undue hardship is a fact-specific analysis that considers various factors, including the nature and cost of the requested accommodation, the overall financial resources and size of the organization, the impact on the organization's operations, and whether the accommodation would result in a fundamental alteration to the essential functions of the job or the educational program. Employers and educational institutions must engage in an interactive process to identify reasonable accommodations, but they are not required to provide accommodations that would pose a direct threat to health or safety, or that would impose an excessive or disproportionate burden on the organization. The analysis of undue hardship must be conducted on a case-by-case basis, taking into account the unique circumstances of the individual and the organization.

Related terms

Reasonable Accommodation: A modification or adjustment to a job, the work environment, or the way things are usually done that enables a qualified individual with a disability to enjoy equal employment opportunities.

Disability Discrimination: The unfair or unlawful treatment of individuals with disabilities, including the failure to provide reasonable accommodations that would enable them to perform essential job functions.

Fundamental Alteration: A change to a program, service, or facility that is so significant that it alters the essential nature of what is being provided, which may constitute an undue hardship.