"This Would Be an Undue Hardship": When Is This Valid?

'Undue hardship' is the main legal defense employers can use to deny accommodation requests. When an employer claims undue hardship, they're saying the accommodation would cause significant difficulty or expense. But this is a high bar; and employers often claim it inappropriately. Here's how to evaluate whether the claim is legitimate.

What "Undue Hardship" Actually Means

Under the ADA, undue hardship means 'significant difficulty or expense' when considering:

The nature and cost of the accommodation

The overall financial resources of the facility and the employer

The type of operation and structure of the workforce

The impact on operations

The key word is 'significant.' Minor inconvenience, ordinary expense, or simple disruption don't qualify. The hardship must be substantial relative to the employer's resources and operations.

When Undue Hardship Claims May Be Legitimate

An undue hardship claim might be valid when:

Cost is truly significant relative to resources. A $50,000 accommodation might be undue hardship(definition available) for a small nonprofit but not for a Fortune 500 company.

The accommodation would fundamentally alter the business. Changes that would fundamentally transform the nature of the operation may qualify.

Significant safety risks can't be mitigated. If accommodation would create substantial safety risks that can't be addressed, this may constitute hardship.

Operations would be significantly disrupted. Major disruption that genuinely impairs the employer's ability to function may qualify, but this is a high bar.

When Undue Hardship Claims Are NOT Legitimate

These common employer justifications do NOT constitute undue hardship:

"It costs money." Cost alone isn't undue hardship. The cost must be significant relative to the employer's overall resources.

"It's inconvenient." Accommodations often require adjustment. Inconvenience isn't hardship.

"Other employees will be jealous." Coworker attitudes don't create undue hardship. Employers can explain accommodations are based on legal requirements.

"If I give it to you, everyone will want it." This is not undue hardship. Accommodations are individualized based on disability-related need.

"We'd have to change our policy." Policy modification is a form of accommodation. Having to change policy isn't inherently a hardship.

"We've never done this before." Lack of precedent isn't hardship. The ADA sometimes requires doing new things.

"But you've been fine without it." Your past ability to manage without accommodation doesn't negate current need or create hardship.

The Employer's Burden of Proof

Importantly, the employer bears the burden of proving undue hardship. They must:

Demonstrate with specific evidence why the accommodation would cause significant difficulty or expense

Analyze the actual cost and impact, not just assert hardship

Consider alternatives before claiming hardship

Show that they explored all options, including partial accommodations and external funding sources

Vague claims of hardship without analysis or evidence are suspect. If your employer can't explain specifically why an accommodation creates significant difficulty, the claim may not be legitimate.

What Employers Must Do Before Claiming Hardship

Before legitimately claiming undue hardship, employers should:

Explore alternatives. If your specific request creates hardship, are there alternative accommodations that would be effective without the hardship?

Consider partial accommodation. If the full accommodation isn't feasible, can they provide part of it?

Explore funding sources. Tax credits, vocational rehabilitation funds, and other sources can offset costs.

Engage in the interactive process(definition available). They must discuss options with you, not simply deny based on hardship.

How to Respond to an Undue Hardship Claim

Ask for Specifics

'Can you help me understand specifically what makes this an undue hardship? What is the projected cost, and how does that compare to [company's] resources?'

Challenge Vague Claims

'I understand you're concerned about cost/disruption, but the ADA defines undue hardship as significant difficulty or expense relative to the employer's resources. Can you explain how this accommodation meets that standard?'

Propose Alternatives

'If my original request isn't feasible, what alternatives have you considered? I'd like to discuss other options that might address my needs without creating hardship.'

Offer to Share Costs

'If cost is the concern, I'd be willing to discuss cost-sharing arrangements or explore whether vocational rehabilitation or tax credits could help offset the expense.'

Consult External Resources

The Job Accommodation Network(definition available) (askjan.org) can help you identify alternatives and evaluate whether hardship claims are legitimate.

What This Means for You

Undue hardship is a legitimate defense; but it's a high bar. Many employers claim hardship when the real issue is inconvenience or preference. If your employer claims undue hardship, ask for specifics and push back if the claim doesn't hold up to scrutiny.

Remember: the employer bears the burden of proving hardship, and they must explore alternatives before simply denying your request. A claim of 'that would be an undue hardship' isn't the end of the conversation; it's an invitation to dig deeper.

Next Steps

Learn more about employer defenses and your options:

What Is "Undue Hardship" and When Can Employers Claim It?: Deeper dive into the legal standard

Can My Employer Deny My Accommodation Request?: Understand legitimate and illegitimate denials

"We Can Offer an Alternative": How to Evaluate Employer Alternatives: Assess alternative options

What Legal Protections Exist If My Request Is Denied?: Know your options if denial is improper

• Disclaimer: This article provides general information about undue hardship claims and is not intended as legal advice. Whether a specific accommodation constitutes undue hardship depends on individual circumstances. If you believe your employer is improperly claiming hardship, consult with a qualified employment attorney or contact the Equal Employment Opportunity Commission (EEOC).