Employer Must Show Undue Hardship

Under the ADA, the employer has the burden of establishing undue hardship. In meeting this burden, an employer must do more than simply assert that a needed accommodation will cause it ''undue hardship.'' Rather, as pointed out by the EEOC in its Interpretive Guidance, ''an employer will have to present evidence and demonstrate that the accommodation will, in fact, cause it undue hardship.''