Employment Law

Disability Discrimination

How does a court handle the issue of reasonable accommodations and undue hardships?

A court requires that an employee bear the burden of showing that he or she requested a reasonable accommodation from the employer and that the request was objectively reasonable. This is not an onerous burden, as the employee must show only that the costs of the accommodation do not clearly outweigh the benefits. This qualifies to establish that the request is, at least at first glance, reasonable.

If the employee meets this initial burden, then the courts require the employer to show that the request is unreasonable and imposes an undue hardship on the employer.


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