|Steven B. Epstein, In Search of a Bright Line: Determining when an Employer's Financial Hardship Becomes "Undue" Under the Americans with Disabilities Act, 48 Vand. L. Rev. 391 (1995).|
|ADA; Undue Hardship; ADA -- Reasonable Accommodation; Title I|
The article evaluates the vague standard for the undue hardship defense to the reasonable accommodation requirement of Title I of the Americans with Disabilities Act (ADA) and suggests a new method which precisely determines the cost employers must bear to accommodate disabled employees.
The article evaluates the undue hardship defense to the reasonable accommodationy requirement of Title I of the Americans with Disabilities Act of 1990 (ADA). The current standard is vague and imprecise, leaving employers in the difficult situation of accepting all accommodations or determining the extent of accommodations through costly litigation. Congress miscalculated the application of the undue hardship defense and therefore its adoption of a vague standard was misguided. A better approach provides a mathematically precise figure for the cost of accommodation, includes the principles of fairness to both employers and disabled employees, and seeks equalization for all disabled employees. This method accomplishes this goal by determining the requisite amount spent to accommodate a disabled employee. Professor Colon Driver's precision calculus and real world examples demonstrate that this model is a better standard than the currently vague test under the ADA.
Summarized by: Aaron Walters