Definition of Undue Hardship

Undue hardship is defined under the Act as ''an action requiring significant difficulty or expense.'' The Congressional committee reports on the ADA expand upon this statutory definition by referring to undue hardship as an action that is ''unduly costly, extensive, substantial, disruptive, or that will fundamentally alter the nature'' of the job or employment program at issue. This standard is similar to the ''undue hardship'' standard found in the regulations implementing Section 504 of the Rehabilitation Act of 1973. The undue hardship standard as embodied in the ADA represents a process of legislative compromise in fashioning the requirements to be placed upon employers. The initial version of the legislation, as introduced in the 100th Congress in 1988, required employers to provide reasonable accommodation for disabled employees unless an accommodation would threaten the existence of the employer's business. This proposed standard came under severe criticism from the business sector, which termed the requirement ''the bankruptcy provision'' of the Act. When the revised version of the Disabilities Act was reintroduced in the 101st Congress, the bill contained the less exacting ''undue hardship'' standard for excusing an employer's obligation to provide a reasonable accommodation. In defining ''undue hardship,'' Congress reached a compromise. Congress decided that there must be reasonable accommodation unless the accommodation rises to the level of requiring ''significant difficulty or expense'' on the part of the employer.