§ 22-9-5-18 — "Undue hardship" defined; factors

Indiana § 22-9-5-18

• Jurisdiction: Indiana
• Art. 9: CIVIL RIGHTS
• Ch. 5: Employment Discrimination Against Disabled Persons

Text

(a) As used in this chapter, "undue hardship"
means an action requiring significant difficulty or expense when
considered in light of the factors set forth in subsection (b).
(b) In determining whether an accommodation would impose an
undue hardship on a covered entity factors to be considered include the
following:
(1) The nature and cost of the accommodation needed under this
chapter.
(2) The:
(A) overall financial resources of the facility or facilities
involved in the provision of the reasonable accommodation;
(B) number of persons employed at the facility or facilities;
(C) effect on expenses and resources; or
(D) impact otherwise of the accommodation upon the operation
of the facility or facilities.
(3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to the
number of employees, and the number, type, and location of
facilities.
(4) The type of operation or operations of the covered entity,
including the composition, structure, and functions of the
workforce of the entity, and the geographic separateness,
administrative, or fiscal relationship of the facility or facilities in
question to the covered entity.

Legislative History

As added by P.L.111-1992, SEC.4. Amended by P.L.21-1995, SEC.144.