Disabilities in the Workplace Attorney in Minneapolis, Minnesota

Undue Hardship

Minneapolis employment law attorney Sara Gullickson McGrane discusses undue hardship in the context of employment law.

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Yeah. Undue hardship and reasonable accommodation go together. So, when you’re looking at whether or not you can accommodate an employee by giving them additional time, you have to decide whether that’s a reasonable accommodation. So, you look at how big the employer is, you look at how long the employee’s going to be gone, you look at the department to see who else can cover. And all of those things go into deciding if it’s a reasonable accommodation. And then there’s the flipside that talks about undue hardship and that’s where giving that person that accommodation is going to be a financial burden on the employer.

And one example that I can give you is, we have a client who had a cardiothoracic surgeon who asked for an accommodation to have a second cardiothoracic surgeon in the operating room all the time. That was an undue hardship because the expense of having to pay two salaries to do one person’s job was just too much.

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