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Undue hardships: How can you prove ADA compliance challenges?

On Behalf of | Jul 14, 2023 | ADA |

Your business or organization is legally obligated to put in place appropriate and reasonable accommodations for people with disabilities. It means being compliant with the provisions of the Americans with Disabilities Act (ADA), a law that prohibits discrimination against disabled persons.

However, ADA acknowledges that implementing reasonable accommodation measures can be costly, disruptive or pose a significant burden to your business. In fact, there is a phase for it: undue hardship.

If you prove that complying with ADA requirements results in undue hardship, your non-compliance will not be discriminatory. But how exactly can you prove undue hardship?

Gather the necessary evidence

Proving ADA compliance challenges requires a thorough collection of evidence. This includes documenting the specific accommodation requests made, analyzing the potential impact on business operations and presenting financial data to substantiate the claim of undue hardship.

Testimonials from experts or professionals in the field can also provide valuable support. Comprehensive documentation and data are critical for building a strong case.

Consider alternative accommodations

When presenting a case of undue hardship, exploring other accommodation options that could be provided without causing a significant burden is essential. It demonstrates a good faith effort to provide reasonable accommodation and comply with the law.

Additionally, engaging in an interactive process with the individual requesting accommodation can help determine reasonable solutions. Maintaining open communication and showing a commitment to resolving the issue can strengthen the argument for undue hardship.

What comes next?

Proving ADA compliance challenges and demonstrating the presence of undue hardship requires a combination of diligent evidence gathering and consideration of alternative accommodations. Seeking legal guidance can protect your business or organization from legal and financial liabilities arising from non-compliance.

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