The following is not meant to be legal advice.
The LRP Publications, Americans with Disabilities Act Law, Regulations & Imperative Guidance, pp. TAM-1 – TAM-173 (1993), provides that an employer is not required to accommodate a disabled employee if it will impose an undue hardship on the operation of the business.
Undue hardship as defined by the
How long an impairment lasts is a factor to be considered. Disability is defined as any one of the following conditions: a physical or mental impairment that substantially limits one or more major life activities, a record of an impairment, regarded as having an impairment. 42 USCS Section 12102(2).
An employer is not required to hire or retain an individual who is not qualified to perform a job. Employers can hold employees with disabilities to the same standards of production as other similarly situated employees without disabilities for performing essential job functions.
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