If you have a physical or mental disability that requires one or more adjustments to your workplace in order to do your job, you likely already know that the law requires most employers to provide “reasonable accommodation” if requested by an applicant or current employee.
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….”
Understanding “undue hardship”
Both federal and state law use the “undue hardship” standard to describe when an employer isn’t legally required to provide an accommodation. According to the U.S. Equal Employment Opportunity Commission (EEOC), undue hardship is described as when an accommodation “would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business.”
The EEOC clarifies that even if an employer determines that a specific requested accommodation would cause undue hardship, they still have a responsibility to try to find “another accommodation that will not pose such a hardship.” Texas law notes that an employer can’t be held liable for not providing reasonable accommodation as long as they can show they made “good faith efforts” to do so.
Even in challenging instances, when employers and employees work together, they can often come up with an accommodation that will let an employee do their job while not interfering with the organization’s operations or other employees’ work. If you believe an employer has wrongly denied you a reasonable accommodation and you haven’t been able to resolve the issue with them, getting legal guidance can help you determine your next best steps.