Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

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 ADA is an action that is excessively costly, extensive.  42 USCS Section 12111(10).

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.