What “undue hardship” really looks like under the ADA

The Americans with Disabilities Act (ADA) requires covered employers to provide reasonable accommodations to qualified employees with disabilities – unless doing so would cause an “undue hardship.” But what exactly qualifies as undue hardship under the law?

Too often, employers confuse “I don’t like this” or “this will take effort” with “this is unreasonable.” In reality, undue hardship has a specific legal meaning, and understanding how to assess it correctly is key to balancing compliance with operational needs.

What the ADA actually says

Under the ADA, an undue hardship is defined as an action that requires “significant difficulty or expense” when considered in relation to several factors, including:

• The nature and cost of the accommodation.

• The overall financial resources of the facility.

• The number of employees and impact on activities.

• The employer’s overall size and resources.

In other words, it's not enough to dislike the accommodation. You must be able to show, with objective documentation, that implementing it would fundamentally strain your business or processes.

Inconvenience does not equal hardship

A common employer misstep is treating minor upsets as undue hardships. For example, allowing an employee to take an additional 10-minute break during the day due to a pregnancy-related condition may not align with existing policies, but that doesn’t make it an undue hardship. If others can step in temporarily or work can be redistributed, the accommodation is likely reasonable.

Similarly, allowing an employee to sit on a stool rather than stand at a front desk may go against preferences, but that alone does not justify denial. If the employee can still perform the essential functions of the role and the accommodation doesn't create significant cost or workflow issues, it’s unlikely to meet the undue hardship threshold.

Evaluating the request in context

Whether an accommodation poses an undue hardship is contextual. A request to avoid phone duties might be perfectly reasonable in a company that communicates primarily via email or chat, but in a call center, that same request could be untenable. The essential nature of the role and the structure of your operations matter.

Similarly, the size and resources of the company make a difference. A large enterprise may have the flexibility and staffing to absorb the cost of reassignment or modified schedules, while a 15-person one may not.

Temporary accommodations vs. permanent changes

Undue hardship can also refer to changes that disrupt business processes or force permanent restructuring. That’s why temporary accommodations are often easier to justify than permanent ones. If, for example, an employee needs extra breaks during a pregnancy or a quiet workspace while recovering from a mental health issue, these are often considered reasonable if limited in scope or time. 

But if the accommodation begins to alter the structure of the role or the expectations of the job indefinitely, employers have a stronger argument for undue hardship, especially if it affects the ability to serve clients, meet deadlines, or deliver core services.

Documenting the process

The key to defending an undue hardship determination is documentation. Employers must be able to demonstrate:

• That the accommodation was discussed in good faith.

• That alternatives were explored.

• That the hardship was assessed based on actual operational impact, not assumptions or personal preferences.

This includes maintaining updated job descriptions, tracking conversations during the interactive process, and consulting legal or HR support when necessary. This is centered about both the decision you reached and showing how you reached it.

When you still have to say “no”

Ultimately, the ADA doesn’t require you to change the fundamental nature of a job or tolerate an employee’s inability to meet basic requirements. But it does require you to explore reasonable ways to help them succeed. 

When a requested accommodation interferes significantly with how your business operates, places excessive demands on co-workers, or comes with prohibitive costs, you may be able to claim undue hardship – but only after showing you did your due diligence.

The bottom line

Saying “no” under the ADA isn’t about preference or policy – it’s about provable impact. Understanding what counts as undue hardship and what doesn’t can help you stay compliant while protecting your business. When in doubt, document the process, consult an HR professional, and prioritize open communication with your employee. 

With a thorough understanding of undue hardship, employers can make informed decisions that balance employee needs with operational realities.