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Disability Nondiscrimination Law Advisor

Formal Process to Determine Undue Hardship

Section 188 of the Workforce Investment Act of 1998 requires the formal process to include the following steps:

  • The covered employer must consider all of the factors listed in the regulatory definition of undue hardship before determining whether to provide the requested accommodation.
  • If the covered employer determines that the requested accommodation will cause an undue hardship, it must take all of the following actions:
    • Prepare a written statement of the reasons underlying the determination;
    • Provide a copy of the statement of reasons to the person or persons who requested the accommodation; and

Take any other actions that will not cause undue hardship, but that will enable the person(s) with a disability to apply for or perform the job, to the maximum extent possible. See 29 CFR 37.8.

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