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What is an undue hardship?

 

An agency is not required to make an accommodation if it can demonstrate that providing the accommodation would impose an undue hardship on its everyday operations. An undue hardship is an action that requires "significant difficulty or expense" in relation to:

 

  • overall size of the agency's program with respect to the number of employees, number and type of facilities and size of budget;
  • type of operation, including the composition and structure of the agency's workforce; and
  • nature and cost of the accommodation.

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