EmploymentQuestion 1055 of 1632

An employee with a disability requests an accommodation that would fundamentally alter the nature of the business or impose significant difficulty and expense. The employer:

a.May decline it as an undue hardship, but keep looking
b.Must provide it whatever the cost or disruption
c.Must close the business rather than decline it
d.May terminate the employee for asking for it

Explanation

Government Code §12940(m)(1) requires reasonable accommodation only up to undue hardship, which §12926(u) defines as significant difficulty or expense measured against the employer's size, resources and operations - so the specific request may be refused. What cannot be refused is the process: §12940(n) requires the employer to continue looking for an alternative effective accommodation, and stopping at the first refusal is itself a separate violation. (b) reads the duty as absolute. (d) treats the request as insubordination, which is straightforward disability retaliation. (c) states the consequence the undue-hardship limit exists to prevent, and it is the fear that drives employers to (d).

Law Reference: Government Code §§12940(m)(1), 12926(u); §12940(n)

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