Abstract
Although there are plenty of cases that mention the undue-hardship provision under the ADA, there are relatively few cases where the undue-hardship provision is outcome-determinative or even discussed in depth. To complicate matters further, the Author of this Article could find no case where the court discussed the issue of cumulative hardship in the ADA context. This Article explores this issue and arrives at possible solutions for how this issue should be resolved when it arises.
This Article proceeds in four parts. Part I gives an introduction to the ADA and the undue-hardship provision. Part 1H gets to the heart of the matter-- providing the analysis and proposed factors for how courts should decide issues of cumulative hardship, and discussing what employers should consider when confronted with multiple reasonable accommodation requests. Part III expands this analysis of cumulative hardship into a closely analogous issue-- other accommodation issues that implicate intra-class rivalries. Finally, this Article briefly concludes that prioritizing employability of individuals with disabilities, as demonstrated in Part III's hypothetical and analysis, can help resolve issues of cumulative hardship.
This abstract has been taken from the author's introduction.
Document Type
Article
Publication Date
2018
Publication Information
25 George Mason Law Review 753-808 (2018)
Repository Citation
Porter, Nicole B., "Cumulative Hardship" (2018). Faculty Publications. 2225.
https://scholarship.law.wm.edu/facpubs/2225