02/22/2024

Understanding Undue Hardship

Its definition has changed over the years

HR Question: I have read that a recent Supreme Court case has impacted the definition of "undue hardship" when it comes to providing employees an accommodation. How is this case impacting what I should (and should not) do when my employee requests an accommodation?

HR Answer: Anti-discrimination laws have always provided guidance to employers regarding the need to accommodate applicants and employees for several reasons – such as whether they have a disability or a sincerely held religious belief – so they can perform the essential duties of their job. And with the 2023 Supreme Court decision in Groff v. DeJoy (find the full summary of the case here at the Harvard Law Review), some definitions that apply to the accommodation process have shifted.

The Old Definition of Undue Hardship

When employers utilize the interactive process (see below) to understand whether or not the requested accommodation is "possible" or "doable," they may often utilize the concept of "undue hardship" as one of the factors in that decision.

Please select this link to read the complete article from Clark Schaefer Strategic HR.