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What is an Undue Burden under the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) was signed into law in 1990 with the aim of providing individuals with disabilities the same opportunities as those without disabilities. The Act prohibits discrimination against individuals with disabilities in employment, public accommodations, transportation, and other areas of daily life.

The ADA defines a person with a disability as someone who is physically or mentally impaired and is substantially limited in one or more major life activities, such as walking, seeing, hearing, or learning. The ADA requires employers to provide reasonable accommodations to employees with disabilities to enable them to perform their jobs. Public accommodations, such as hotels, restaurants, and stores, must also make their facilities accessible to individuals with disabilities.

While the ADA requires employers and public accommodations to provide reasonable accommodations to individuals with disabilities, there are limits to these obligations. The ADA recognizes that there may be circumstances where the cost or difficulty of providing an accommodation would be an undue burden on the employer or public accommodation.

An undue burden is defined as an action that is excessively costly, extensive, substantial, disruptive, or fundamentally alters the business’s nature or operation. When it comes to figuring out if an accommodation would impose an undue burden, each situation is looked at on a case-by-case analysis. Several factors are considered, such as the nature and cost of the accommodation, the business’s financial resources, and the impact of the accommodation on the operation of the business.

When determining whether an accommodation would result in an undue burden on a business, the New York City ADA defense lawyers at The Samuel Law Firm explain what factors the courts considers below:

1.The nature and cost of the accommodation

The nature and cost of the accommodation are important factors in determining whether it would be an undue burden. If the accommodation is inexpensive and easily implemented, it is less likely to be considered an undue burden. However, if the accommodation is expensive and requires significant changes to the business, it may be considered an undue burden.

2. The financial resources of the business

The business’s financial resources are also considered when determining whether an accommodation would be an undue burden. If the business has significant financial resources, it may be required to provide accommodations that would be considered an undue burden for a smaller business.

3. The size and structure of the business

The size and structure of the business are also considered when determining whether an accommodation would be an undue burden. If the business is small and has a limited number of employees, it may be more challenging to provide accommodations than a larger business with more resources.

4. The nature of the business

The nature of the business is also considered when determining whether an accommodation would be an undue burden. If the accommodation would fundamentally alter the nature of the business or result in a significant disruption, it may be considered an undue burden.

5. The impact of the accommodation on other employees

The impact of the accommodation on other employees is also considered when determining whether an accommodation would be an undue burden. If the accommodation would significantly disrupt the workplace or negatively impact other employees, it may be considered an undue burden.