One of the last things you want as a business owner is to be accused of engaging in discriminatory practices. Discrimination can take many forms, and it can be found in just about any aspect of business’s operations. Mere allegations of discrimination can wreak havoc on your standing in the community and it might bleed over into your business relationships. If your business is sued and found to have engaged in discriminatory practices, then your business finances can take quite a hit, too. That’s why you need to be prepared to aggressively defend yourself against allegations of this type.
Reasonable accommodation under the ADA
The Americans with Disabilities Act (ADA) seeks to provide workers with protections to allow them equal footing in the workplace. As such, your business is probably required to provide reasonable accommodations to disabled workers so that they can perform their job duties. A reasonable accommodation is a change in the way your business normally operates in order to ensure that equal opportunity is provided to a disabled individual. Many reasonable accommodations are easily fulfilled, but others can be disastrous for your business.
Undue hardship under the ADA
Fortunately, the ADA provides an exception to the reasonable accommodations standard. Under the law, you don’t have to provide an accommodation if you can prove that it causes your business undue hardship. Undue hardship can be difficult to define, which is why courts turn to a list of factors to help them determine if, under the particular circumstances at hand, undue hardship exists. Amongst those factors are:
- The cost of fulfilling the accommodation request
- The resources of your facility
- The resources of your business as a whole
- The impact the accommodation will have on your business operations
These factors are assessed on a case-by-case basis, which means that your legal arguments in this area need to be custom-tailored to suit your needs.
Seek help with you employment law issues
If you’re facing employment law issues, then you have a lot on the line. To protect yourself and your business interests as fully as possible, you might want to consider seeking out an advocate who can help you aggressively defend your position. Hopefully then you can move past the issue before you and focus on running your business.