12.8 ADA-Undue Hardship

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US-JURY-9THCIR-12-8
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/

12.8 ADA-Undue Hardship is a defense under the Americans with Disabilities Act (ADA) that allows employers to deny accommodation to an employee with a disability if they can prove that the accommodation would cause them significant difficulty or expense. This type of defense can be used in situations where an accommodation would require the employer to significantly alter their operations or incur significant costs. Examples of accommodations that could potentially be denied due to undue hardship include making a workplace wheelchair accessible, providing a sign language interpreter, or making physical changes to a workspace. There are two types of undue hardship defense under the ADA: financial and operational. Financial undue hardship occurs when an employer can prove that the cost of providing accommodation is too great to be reasonable or practical. Operational undue hardship occurs when an employer can prove that providing the accommodation would cause a significant disruption to the business.

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FAQ

"Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation.

Undue burden means significant difficulty or expense.

What is an unreasonable accommodation? Eliminating a primary job responsibility. Lowering production standards applied to other employees. Providing more paid leave to an employee with a disability than provided to other employees. Changing an employee's supervisor.

"Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's operation.

A really expensive accommodation, for example, would be enough to constitute an undue hardship, especially if the employer has few resources.

An undue burden is a requirement of Title II or Title III of the Americans with Disabilities Act (ADA) that would cause a significant difficulty or expense if carried out.

It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of your business.

More info

The term undue hardship means an action requiring significant difficulty or expense. "Undue hardship" is defined as an "action requiring significant difficulty or expense" when considered in light of a number of factors.An undue hardship is defined as a reasonable accommodation that causes significant difficulty or expense. The ADA sets forth criteria as to what actions are considered an undue hardship. Undue hardship is an accommodation action that causes substantial difficulty or expense on the employer when assessed in view of several factors.

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12.8 ADA-Undue Hardship