What is the definition of undue hardship?
An employer or service provider does not need to prove that it is impossible to accommodate a person just that it would result in undue hardship. Undue hardship is meant to be hard though; and does require significant difficulty or expense. What undue hardship means is different in each circumstance.
How do you know if you’ve met the undue hardship requirement?
Each case is decided on its own facts, but meeting the “undue hardship” test may include a consideration of the following:
- Financial cost
- Safety
- Size of the organization
- Collective Agreement
- Interchangeability of work force and facilities
- Morale of other employers