Define: Undue Hardship

Undue Hardship
Undue Hardship
Quick Summary of Undue Hardship

Undue hardship refers to the situation where an employer is unable to implement a change or provide accommodation for an employee due to the excessive difficulty or cost involved.

Full Definition Of Undue Hardship

Undue hardship refers to a level of difficulty or expense that is considered unreasonable for an employer to meet an employee’s needs. This can include accommodations for physical, mental, or religious reasons. For instance, if an employee with a disability requests a special desk that costs $10,000, the employer may argue that this expense would create undue hardship. Similarly, if an employee asks for time off for religious observance during a busy season, the employer may argue that granting this request would cause significant financial loss or operational disruption, thus constituting undue hardship. These examples demonstrate how an employer may assess whether an accommodation would result in undue hardship. In both scenarios, the employer must evaluate the cost or disruption of the accommodation against the benefit to the employee. If the cost or disruption is deemed excessive, the employer may not be obligated to provide the accommodation.

Undue Hardship FAQ'S

Undue hardship refers to significant difficulty or expense that an employer would face in accommodating an employee’s disability or religious beliefs without causing significant disruption to the business operations.

Undue hardship is determined on a case-by-case basis, considering factors such as the nature and cost of the accommodation, the financial resources of the employer, and the impact on the business.

Yes, if the requested accommodation would impose significant difficulty or expense on the employer, they may be able to claim undue hardship as a defence for not providing the accommodation.

Yes, if accommodating an employee’s religious practices would cause significant difficulty or expense for the employer, they may be able to claim undue hardship as a defence.

Examples include situations where the requested accommodation would require extensive renovations, result in significant financial burden, or fundamentally alter the nature of the business.

In some cases, hiring additional staff may be considered an undue hardship if it would cause significant financial strain on the employer or disrupt the business operations.

Modifying existing policies or practices may be considered an undue hardship if it would fundamentally alter the nature of the business or result in significant disruption.

Providing specialized equipment or technology may be considered an undue hardship if it would impose significant financial burden on the employer or if the requested equipment is not readily available.

Physical modifications to the workplace may be considered an undue hardship if they would require extensive renovations or if they are not feasible due to the nature of the building or space.

If providing a religious accommodation would cause significant disruption to the employer’s business operations or result in substantial financial burden, they may be able to claim undue hardship.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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