In light of the amendments and corresponding regulations, the major focus will now fall on the interactive process and whether an employer can satisfy its mounting burden of demonstrating that an employee’s requested accommodation is “unreasonable” or would create an “undue hardship.”
The ADA affords a statutory defense to an employer’s obligation to provide a reasonable accommodation if the change or modification requested creates an “undue hardship” to the employer. By its nature, if a requested accommodation is not reasonable, then it falls within the parameters of “undue hardship.”
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