What does the Guidance say about how staffing firms and their clients should determine cost-related undue hardship?
(Question 9) Where the resources of the staffing firm and its client together are insufficient to provide an accommodation without significant expense, both have an undue hardship defense. A staffing firm or client whose resources are insufficient to provide the accommodation also may have an undue hardship defense if it made good faith, but unsuccessful, efforts to have the other entity contribute to the accommodation’s cost. Where a staffing firm and its client are both obligated to provide a reasonable accommodation, the entity that refuses to contribute to the accommodation’s cost may be liable for failing to provide the accommodation. If the other entity is able to provide the accommodation without undue hardship, it must do so. What should a staffing firm or client do if providing the accommodation is solely within the control of the other entity, e.g., where the accommodation requires changes to the client’s workplace? (Question 10) Where a staffing firm and its client are joint
