Undue Hardship
The duty to accommodate is subject to the qualification that the employer or organization does not have to suffer "undue hardship". Any inconvenience or expense short of "undue hardship" will not relieve an employer of its obligation to accommodate an employee. The three main factors which are considered in determining whether a requested accommodation would cause undue hardship are:
- cost
- outside sources of funding
- health and safety requirements
"Cost" will amount to undue hardship only where they are so substantial that they would either alter the essential nature of the company or affect the ability of the company to continue to operate.
It is very difficult for employers to establish "undue hardship" as a defence to a complaint that they failed to accommodate an employee.
Should you require legal assistance, please email us at lawyers@grosman.com
 ...back to Discrimination Law Index
|
