The analysis considers the accommodation's cost, the employer's financial resources, the facility's size, and the impact on operations. The standard is assessed against the employer's overall resources rather than a single location.
The religious accommodation standard differs.
Alternative Names:
Undue Hardship|ADA Hardship Defense
Why it Matters?
Assessment against overall resources rather than the individual facility makes the defense difficult for large employers, since an accommodation costing thousands is rarely significant relative to enterprise resources. Operational impact arguments succeed more often than cost arguments for that reason. The religious accommodation standard under Title VII was raised substantially by Groff, replacing the de minimis test with substantial increased costs.
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Related terms
Frequently asked questions
Why is the defense difficult for large employers?
What did Groff change?
