Abstract
...This Article will not only summarize and attempt to categorize the undue hardship cases but will also identify three trends that become apparent when engaging in a thorough analysis of this body of cases.
This Article will proceed in four additional parts. Part II will provide the background of the undue hardship provision, including the statutory language and its regulations, the legislative history, and the undue hardship cases decided under the precursor to the ADA—the Rehabilitation Act of 1973. Part III will delve into the undue hardship cases under the ADA. Even though most people think about undue hardship as mostly involving financial cost, this Part will reveal that relatively few cases turn on the actual costs of the accommodation. Part IV will identify three trends in the courts’ decisions that only became apparent when I engaged in a deep dive of these cases: (1) courts often confuse or conflate the reasonable accommodation inquiry and the undue hardship defense; (2) whether an accommodation places burdens on other employees (what I call “special treatment stigma”) is frequently relevant to the undue hardship defense; and (3) the phenomenon of “withdrawn accommodations” often influences courts’ analyses of the undue hardship defense. These themes not only provide a deeper insight into the undue hardship defense but also help to more broadly illuminate the scope of an employer’s obligation to provide reasonable accommodations. Finally, Part V will conclude.
This abstract has been taken from the author's introduction.
Document Type
Article
Publication Date
2019
Publication Information
84 Missouri Law Review 121-176 (2019)
Repository Citation
Porter, Nicole B., "A New Look at the ADA's Undue Hardship Defense" (2019). Faculty Publications. 2231.
https://scholarship.law.wm.edu/facpubs/2231