Employers should do their best to accommodate workers with disabilities or who are recovering from injuries, but there’s been little change in the total unemployment numbers of such workers since the passage of the Americans With Disabilities Act in 1990, Workforce reports. But just what constitutes an undue hardship? It’s worth knowing. Attorney Shawn Toor tells the publication: “The nature and cost of the accommodation needed, the financial resources of the employer and the structure of the employer’s operation constitute undue hardship.”
It’s one of the biggest legal challenges an employer faces, Rachael Stafford, director of the Rocky Mountain ADA Center, tells the publication. “A strict no pets policy in a workplace should not automatically bar a qualified individual from bringing his or her service animal,” Stafford says.
Employers will sometimes violate the ADA when they inaccurately list the qualifications for jobs. “It’s important those essential functions are related to the business needs.” Also, companies will sometimes require potential employees to submit medical records that have nothing to do with the job they are applying for.
Teresa Jakubowski, a legal expert specializing in the ADA, tells Workforce: “Employers have to be prepared to justify why a requested accommodation was provided in certain circumstances, but not others.”