Most business owners, or at least their Human Resources professionals, understand that employers with a staff of at least 15 people are required to abide by the federal Americans with Disabilities Act (ADA) and Texas Labor Code provisions regarding employees with physical and mental disabilities. The details of what that means can sometimes be confusing, however.
One key responsibility that employers have is to provide “reasonable accommodation” if requested or needed by an employee or job applicant. The exception is when providing an accommodation would “impose an undue hardship on the operation of the business….”
What does the law say?
This is addressed under both the federal Americans with Disabilities Act (ADA) and in the Texas Labor Code. It applies to employers who have at least 15 employees. Texas law states in part, “It is an unlawful employment practice…to fail or refuse to make a reasonable workplace accommodation to a known physical or mental limitation of an otherwise qualified individual with a disability…unless the respondent demonstrates that the accommodation would impose an undue hardship on the operation of the business….”
Denying a request for a reasonable accommodation isn’t as simple as saying that it would cause “undue hardship.” That term is defined by the U.S. Equal Employment Opportunity Commission (EEOC) as one that “would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.” Texas law says that employers must make “good faith efforts” to accommodate disabled employees’ needs so that they can do their job.
It’s typically best when employers and employees can find a way to work together to accommodate an employee’s needs in a way that won’t be costly or disruptive to the organization. However, as a business owner, if you’re not able to do that, it’s crucial to be able to show that the requested accommodation would indeed be an undue hardship and that, despite good faith efforts, you weren’t able to accommodate an employee’s request. If you’re facing legal action as a result of your inability to provide “reasonable accommodation,” it’s crucial to have experienced legal guidance to protect your business.