Undue Hardship Issues Regarding Accommodation

People who have disabilities have the right to be employed just like everyone else despite their physical limitations. Most of the disabled employees, as well as other people who have similar disabling conditions, are protected by the federal law Americans with Disabilities Act (ADA). This act protects them from individuals or entities that may discriminate them one way or another.

Employment discrimination due to disability occurs when an employer treats his employees and applicants unfavorably because of his condition. The ADA also requires covered employers to provide reasonable accommodation to employees or applicants who are proven to have disability, which can help accomplish their assigned tasks.

Failure to accommodate is considered as discrimination against the disabled, which may require the services of a Los Angeles failure to accommodate lawyer. The only time employers can refuse to provide accommodation is if it will cause “undue hardship” to the company.

According to the US Equal Employment Opportunity Commission (EEOC), undue hardship must be based on an individualized evaluation of current circumstances. Factors which can prove that include the following.

• nature and cost of the accommodation
• overall financial resources of the company
• number of employees
• effect on the company’s expenses and resources
• overall financial resources, size, number of employees, and type and location of facilities (if the facility involved is part of a larger entity)
• the type of operation including the structure and functions of the workforce, geographic separateness, and administrative or fiscal relationship of the company
• impact of the accommodation on the operation of the facility

Undue hardship can be determined based on the employer’s net cost. ADA legislative history shows that employers should consider all possible sources of outside funding when reviewing whether providing accommodation to an employee will be costly, like a state rehabilitation agency.

Employers should also determine if it is eligible for certain tax credits to offset the cost, or if the employer is willing to pay the difference of a portion of the accommodation cost which can cause undue hardship.

If there are several choices of reasonable accommodation, the employer can go for the option that is effective but will not cause undue hardship. Employers can claim undue hardship if the accommodation would be overly troublesome to other employees' ability to work. Undue hardship claims based on the employees’ prejudices toward the disability, or to the assumption that the provision has a negative impact on the morale of other employees is not acceptable.

A Los Angeles employment lawyer can help employees be more informed about the regulations on reasonable accommodation.

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