Under the Americans with Disabilities Act, what constitutes an 'undue hardship' that would excuse an employer from providing reasonable accommodation?
Correct Answer
B) Significant difficulty or expense relative to employer's resources
Undue hardship is determined by significant difficulty or expense relative to the employer's size, resources, and business nature. There is no fixed dollar amount; it's evaluated case by case.
Why This Is the Correct Answer
The ADA defines 'undue hardship' as an action requiring significant difficulty or expense when considered in light of factors such as the employer's size, financial resources, and the nature of their business. This is a relative standard that varies based on each employer's specific circumstances. The determination is made on a case-by-case basis, considering the employer's overall resources and operational capacity, not arbitrary fixed amounts or timeframes.
Why the Other Options Are Wrong
Option A: Any modification to existing job duties
The ADA does not specify any particular timeframe like 30 days as a threshold for undue hardship. The focus is on the difficulty and expense of implementation relative to the employer's resources, not the time required to implement the accommodation.
Option D: Any cost exceeding $1,000
The ADA does not establish any fixed dollar threshold like $1,000 for determining undue hardship. What constitutes significant expense varies greatly depending on the employer's size and financial resources - $1,000 might be reasonable for a large corporation but potentially burdensome for a small business.
Memory Technique
Remember 'SDE-R': Significant Difficulty or Expense - Relative to employer's resources. The key word is 'relative' - what's hard for one employer may be easy for another.
Reference Hint
ADA Title I Employment Provisions - Chapter on Reasonable Accommodations and Undue Hardship
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