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"Undue Hardship" Under the ADA "Undue hardship" under the ADA means "significant difficulty or expense" for the employer.Factors the employer may consider in weighing undue hardship include: The standards for reasonable accommodation and undue hardship have proven difficult for courts to identify and apply uniformly.Courts around the country also disagree on this issue, and until Congress or the Supreme Court offers greater clarification, many accommodation disputes will likely end up in court. The ADA prohibits employers from engaging in a broad range of discriminatory conduct on the basis of an employee's disability.Employers may not: In addition, an employer must make "reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability." Congress might have stopped with this language, and allowed employers and the courts to determine what steps the "reasonable accommodation" standard requires.

In order to get a good general idea of what an accommodated job site might look like, we encourage you to view the Career Connect Virtual Worksites. Department of Labor's Job Accommodation Network (JAN) and your local Department of Rehabilitation Services.But, if that is not the case, a number of resources and professionals are available to help.Every employee, worksite, and situation is different.The main federal law is called the Americans With Disabilities Act (ADA), and it and similar state laws have changed the face of the American workforce by prohibiting discrimination against people with disabilities and by requiring employers to accommodate the disabilities of employees -- and applicants -- when possible.The ADA and most state laws protect "qualified workers with disabilities." Thus, someone must be a qualified worker and must have a legally recognized disability to be protected by the ADA. A qualified worker is a worker who can perform most basic and necessary job duties, with or without some form of accommodation.For example, an employer might lower the height of a desktop to accommodate a worker in a wheelchair; provide TDD telephone equipment for a worker whose hearing is impaired; or provide a quiet, distraction-free workspace for a worker with attention deficit disorder.It is your employee's responsibility to inform you of the disability and request a reasonable accommodation -- you are not legally required to guess at what might help the employee do his or her job.Instead, the law provides an exception if accommodation would cause "undue hardship" to the employer's business.The ADA therefore strikes a balance -- between the accommodations an employee needs or desires in order to meet the requirements of a certain job, and the investment and modifications an employer must make in order to accomplish those accommodations.There are three ways in which a worker can qualify for protection under the ADA: For an impairment to be a legal disability, it must be long term.Temporary impairments, such as pregnancy or broken bones, are not covered by the ADA (but may be covered by other laws.) Accommodating a worker means providing assistance or making changes in the job or workplace that will enable the worker to do the job.By requiring employers to make reasonable accommodations, the ADA has had a positive effect on the placement of disabled individuals in the workforce, and has raised the consciousness of U. employers while reducing discrimination against the disabled.The language of the ADA, however, is not precise as to the "accommodations" that an employer is required to make for disabled persons during hiring and employment.In passing the Americans with Disabilities Act (ADA) in 1990, Congress attempted to level the playing field for disabled workers.The ADA requires employers to make reasonable accommodations so that workers with disabilities can secure and retain employment.




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