ADA Frequently Asked Questions

Category: Title I: Employment

What is an undue hardship?

Sometimes, the accommodations a person requests would result in a significant difficulty or expense for the employer. This is what the ADA calls “undue hardship.”

Undue hardship can refer to financial difficulty but also to requests that are overly extensive, disruptive, or would fundamentally alter the nature of the job or operation of the business. An employer never has to provide an accommodation that causes an undue hardship.

Every request must be evaluated separately to determine if it would impose an undue hardship. Relevant considerations can include things like:

• The nature and cost of the accommodation;
• The overall financial resources of the business;
• The number of persons employed by the business;
• The effect on expenses and resources of the business; and
• The impact of the accommodation on the business.

If cost is the issue, an employer should determine whether funding is available from an outside source, such as a state rehabilitation agency, to pay for all or part of the accommodation. In addition, the employer should determine whether it is eligible for certain tax credits or deductions to offset the cost of the accommodation. As a last resort, the employer can ask the requestor if they are willing to pay the difference if the employer can only cover a portion of the cost without incurring an undue hardship.

Disruption of operations (need for staffing coverage, production quotas, etc.) can also be considered an undue hardship. However, this defense must be concrete and substantial. Minor inconveniences or general assumptions would not support a defense of undue hardship under the ADA.

Resource(s):

• ADA Quick Tips: Tax Incentives
• State Vocational Rehabilitation Agencies
• What Does “Undue Hardship” Mean?