The Oregon Bureau of Labor & Industries receives many queries throughout the year. At the end of 2006, the Bureau reflected on some of the most popular workplace questions.
“Question: What is ‘undue hardship’ under the Americans with Disabilities Act?
Answer: This is a very difficult question to answer because so much depends upon the facts of each individual situation. What is “reasonable” for one employer may be an “undue hardship” in another setting, depending upon such things as the number of employees, resources available to the employer, customer demands and the physical nature of the job. The law also requires that the employer meet with the employee and discuss different accommodation options, so that both can learn from each other about the company’s needs and the employee’s abilities. This is called the “interactive process,” and it can be very effective in a variety of situations.”
Other questions included, “What does the law say I should do if I can’t find my employee to give him the final paycheck?” and “Why should I have to make my employee take a lunch break if she doesn’t want to?”
To find the answers for these questions and more, visit the Corvallis Gazette Times, where this story was originally published on December 24, 2006.