The Americans with Disabilities Act What are the limitations on the obligation to provide a reasonable accommodation?
The disabled person requiring the accommodation must be qualified, and the disability must be known to the employer. Additionally, an employer is not required to make an accommodation if it would impose an “undue hardship” on the operation of the employer’s business. “Undue hardship” is defined as “an action requiring significant difficulty or expense” when considered in the light of a number of factors such as the nature and cost of the accommodation in relationship to the size, overall resources, nature and structure of the employer’s operation. When the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer would be expected to make accommodations requiring a greater effort or expense than would be required of a smaller employer.
