Does a cost-benefit analysis determine whether a reasonable accommodation will cause undue hardship?
No. A cost-benefit analysis assesses the cost of a reasonable accommodation in relation to the perceived benefit to the employer and the employee. Neither the statute nor the legislative history supports a cost-benefit analysis to determine whether a specific accommodation causes an undue hardship. Whether the cost of a reasonable accommodation imposes an undue hardship depends on the employer’s resources, not on the individual’s salary, position, or status (e.g., full-time versus part-time, salary versus hourly wage, permanent versus temporary).
Related Questions
- What are the rights and responsibilities of employers and individuals with disabilities regarding reasonable accommodation and undue hardship?
- What does the Guidance say about how staffing firms and their clients should determine cost-related undue hardship?
- Does the ADA require employers to modify attendance policies as a reasonable accommodation, absent undue hardship?
