Empower U

What is Undue Hardship?

It is also important to consider that there is a reasonable limit to how far your employer or service provider has to go to accommodate your needs. Sometimes accommodation is not possible because it would cost too much, or create health or safety risks. This is known as undue hardship. Your employer or service provider can claim undue hardship as the reason why certain policies or practices need to stay in place, even though they may have a negative effect on you. They will need to provide sufficient evidence.

Example of Undue Hardship

A pilot for a small airline develops a medical condition that limits his peripheral vision. Because of his condition, he is no longer allowed to fly planes. The airline has very few employees, and there are no other jobs to offer him. The employer could argue that keeping the pilot on their payroll would cause undue hardship, and that letting him go is their only option.

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