EMPLOYER'S RESOURCESFind more information on various issues surrounding EMPLOYER'S RESOURCES... Claim Of Reverse Discrimination By Non-Disabled Employee
In assessing the effect of job restructuring upon other employees, the question may arise as to whether an employee who is not disabled may raise a claim for statutory reverse discrimination if...
Cost Value Not A Factor In Undue Hardship Determination
EEOC considered the relationship of an accommodation's cost to the value of the position at issue, as measured by the compensation paid to the holder of the position. The EEOC did not adopt...
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...
EEOC Factors Determining Undue Hardship
- The nature and net cost of the accommodation, taking into consideration the availability of tax credits and deductions, and/or outside funding; - The overall financial resources of the...
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...
Factors Determining Undue Hardship
In determining whether a particular accommodation imposes an undue hardship on the operation of an employer's business, the ADA sets forth four separate factors to be considered: (1) The...
Outside Funding and Undue Hardship Determinations
Both the legislative history and the EEOC's regulations indicate that an employer has an affirmative obligation to investigate outside services that may be available to alleviate the expense...
Reasonable Accommodation and Its Effect On Other Employees
The EEOC regulations provide that the impact of an accommodation on the ability of other employees to perform their duties is one of the factors to be considered when determining whether a...
Reasonable Accommodation and Its Impact On Employee Morale
When claiming that an accommodation lowers employee morale, in addition to lowered morale, the employer must also show that the provision of the accommodation would have a negative impact on...
Reasonable Accommodation For Construction Industry
The nature of the construction industry highlights the difference between accommodating disabled employees who will have a long-term employment relationship with the company and accommodating...
Substantial Alteration Of Employer Business and Undue Hardship
In analyzing whether an accommodation would impose a fundamental alteration of the employer's ''business,'' the EEOC's Interpretive Guidance indicates that more than the functions of the...
Undue Hardship Does Not End Employer’s Obligation
Even if a particular accommodation requested by an employee would pose an undue hardship, this does not end an employer's obligation under the ADA. As emphasized by the EEOC, the fact that...
Union Seniority and Undue Hardship Under ADA
The EEOC has recognized that the conflict between a particular accommodation and the terms of the employer's collective bargaining agreement may be a factor in determining whether making...
What is Undue Hardship
An employer need not make a reasonable accommodation to an otherwise qualified individual with a disability if the employer can demonstrate that the accommodation would impose an undue hardship...