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Undue Hardship

Significant difficulty or expense that would make an accommodation unreasonable for an employer to provide.

Undue hardship is the legal standard an employer must meet to deny a reasonable accommodation. It means an action requiring significant difficulty or expense when considered in light of:

  • The nature and cost of the accommodation
  • The overall financial resources of the employer
  • The size, type, and structure of the employer's operations
  • The impact on the operation of the facility

Important: Undue hardship is a high bar. Minor inconvenience, employee preferences, or modest costs generally do not qualify. The employer bears the burden of proving undue hardship with specific evidence. Speculation is not enough.

ernesty provides general information and tools to help you understand and organize your situation. It is not legal advice, and it is not a substitute for advice from a licensed attorney about your specific circumstances.