Undue Hardship

Undue hardship is a legal term referring to any accommodation that would be costly, extensive, and would require a business to alter its nature. While it may be an inconvenience for a business to accommodate an employee with a disability it may be seen as discriminatory if they don't, unless it presents itself as an undue hardship. As per the disability act not all employees with disabilities have the entitlement to receive reasonable accommodation. Some accommodations that are not reasonable to ask for are considered undue hardships. If a person is not capable of performing the job functions with or without accommodation then they are not qualified for the job.

The duty to provide reasonable accommodation is fundamental because of the nature of discrimination towards people with disabilities. The disability act requires that all employees receive the same opportunities no matter of a disability. The disability act also requires employers to provide reasonable accommodation to qualified people with disabilities who are employees or applicants. These accommodations include things such as modifying the job application process for a qualified individual, modifying the work environment for a qualified individual to be able to better perform the job functions, and any modifications that would allow the disabled employee to be able to enjoy the same benefits as all the other employees. An employer may also be required to provide modified work schedules, modify equipment, and change training materials and policies.

Reasonable means is plausible and allows the individual to perform a job duty, if it requires the employer to go through great difficulties, if it is for an extensive period of time, or if it is a significant expense then the disability act considers this to be an undue hardship and the employer is not required to provide these accommodations. While an employer is required to make small adjustments to a job task and the work environment, they are not required to make large modifications. An employer may also assist the disabled employee in any way that would make getting around easier however, they don't have to go out of their way to make sure that the employee can perform the job. If the employee is not capable of performing the job then they are not a qualified employee therefore it is not mandatory that the employer make any accommodations whatsoever. An example of an undue hardship would be and employee that needs a prosthetic limb to perform a task of the job, the employer is not required to provide a prosthetic limb.

The disability act is there to ensure that there is no discrimination against any disabled individual. While it promotes the assistance to make a disabled person more proficient and capable to perform their job duties, it does not take advantage of the employer. It also protects the employer from having to endure any undue hardships.