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What amounts to undue hardship in workplace accommodations?

On Behalf of | Jul 24, 2024 | Employment Litigation

As an employer in California, you are legally obligated to provide reasonable workplace accommodations to employees with qualifying disabilities or medical conditions that prevent them from effectively performing their essential job functions.

Some common forms of reasonable workplace accommodations include:

  • Physically modifying the workplace to ease accessibility
  • Providing assistive technology like screen readers and speech recognition software
  • Reassigning job duties to lighter or manageable tasks
  • Adjusting work schedules, among others 

The aim is to create a more equitable and inclusive work environment that caters to everyone despite their physical or mental disability.

The element of undue hardship explained

You are legally mandated to provide workplace accommodations at the workplace unless doing so would result in undue hardship. California law defines undue hardship as any action that requires significant difficulty or expense in light of various factors, including:

  • The nature and cost of the accommodation
  • The overall financial resources of your business
  • The potential disruptions in business operations

Demonstrating undue hardship involves providing relevant evidence showing that the accommodation imposes a substantial burden on your business. That said, it helps to explore other viable accommodations that can be implemented to achieve a similar outcome.

Do not make costly mistakes

If you receive a workplace accommodation request, take the time to engage the employee on what can be done to accommodate their needs. Do not retaliate against them or ignore the request; it could lead to costly legal complications.

At the same time, you do not want to make expensive or inconvenient adjustments at your workplace that could harm your business financially or otherwise. Reaching out for legal guidance to accurately assess whether an accommodation imposes undue hardship can save you a lot of trouble and safeguard your business interests.