Undue hardship exists where accommodating the needs of an individual or group protected under the law would impose unreasonable costs or create significant health or safety risks for an employer, service provider, or property owner.

To meet this legal threshold, the hardship must be “serious.” The term “undue” recognizes that some hardship is acceptable. Only hardship that goes beyond what is reasonable will meet the test. Whether undue hardship exists depends on the specific facts and circumstances of each case.

An employer cannot establish undue hardship based on impressionistic or anecdotal evidence, or on after-the-fact justifications. Similarly, concerns about potential hardship must rest on concrete evidence. Speculative or unsubstantiated claims about possible adverse consequences are not enough.

In limited and highly fact-specific circumstances, however, an employer may be able to establish undue hardship. For example, an employer is generally not required to:

• create an unnecessary position  
• remove a duty that is essential to the role (i.e., a bona fide occupational requirement)  
• retain an employee who cannot meet core job responsibilities with reasonable accommodation