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 (11^th 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:

1. the nature and cost of the reasonable accommodation;
2. 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
3. the employer’s overall financial resources, including number of facilities and employees.¹

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