What Can a Bus Driver Teach Employers About Undue Hardship under the ADA?
By Gail I. Cohen, Esq.
Director, Employment Law & Compliance
Matrix Absence Management
The Americans with Disabilities Act (ADA) requires employers to provide a reasonable accommodation(s) to employees with disabilities, unless the employer can demonstrate that the requested accommodation would pose an “undue hardship.” Davis v. Columbus Consolidated Government, 2020 WL 5758676 (11th Cir. Sept. 28, 2020) provides a potential roadmap for an employer confronted with an employee’s request that could pose an undue hardship.
The ADA defines “undue hardship” as “an action requiring significant difficulty or expense”1 and lists these factors to consider:
- the nature and cost of the reasonable accommodation;
- the financial resources and number of employees at the facility and effect it would have on that facility’s expenses, resources, or overall operations; and
- the employer’s overall financial resources, including number of facilities and employees.1
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