Does an employer always have to provide a needed reasonable accommodation?
An employer is not required to make an accommodation if it would impose an undue hardship on the operation of the business. An undue hardship is an action that requires “significant difficulty or expense” in relation to the size of the employer, the resources available, and the nature of the operation. Determination as to whether a particular accommodation poses an undue hardship must be made on a case-by-case basis. Customer or co-worker attitudes are not relevant. The potential loss of customers or co-workers because an employee has HIV/AIDS does not constitute an undue hardship. An employer is not required to provide an employee’s first choice of accommodation. The employer is, however, required to provide an effective accommodation, i.e., an accommodation that meets the individual’s needs. • Q: When is an employer required to make a reasonable accommodation? A: An employer is only required to accommodate a “known” disability of a qualified applicant or employee. Thus, it is the emp
An employer is not required to make an accommodation if it would impose an undue hardship on the operation of the business. An undue hardship is an action that requires “significant difficulty or expense” in relation to the size of the employer, the resources available, and the nature of the operation. Determination as to whether a particular accommodation poses an undue hardship must be made on a case-by-case basis. Customer or co-worker attitudes are not relevant. The potential loss of customers or co-workers because an employee has HIV/AIDS does not constitute an undue hardship. An employer is not required to provide an employee’s first choice of accommodation. The employer is, however, required to provide an effective accommodation, i.e., an accommodation that meets the individual’s needs.
