In recent years, the concept of undue hardship has come up more often in conversations regarding business operations, particularly in the realm of labor and employment law. But, what exactly does ‘undue hardship’ mean?
Understanding Undue Hardship in Employment Law
In employment law, undue hardship refers to a business’s inability to fulfill any particular labor or employment obligations due to specific economic or operational factors. For example, if an employer must provide certain accommodations to comply with a law, such as the Americans with Disabilities Act, then the employer may cite undue hardship if implementing said accommodations would significantly strain its budget or operational resources.
Revisiting Undue Hardship in a COVID-19 World
The concept of undue hardship is particularly relevant today amidst the ongoing COVID-19 pandemic. For example, many businesses have been forced to scale back operations in order to comply with local and state health regulations. This means that employers may be unable to meet certain obligations related to labor or employee matters due to a decrease in revenue or resources. Consequently, many businesses have used ‘undue hardship’ to determine which accommodations they must provide their employees under the law.
Navigating Undue Hardship Objectively & Strategically
All in all, citing undue hardship can be a crucial component of compliance and operations. By understanding the concept of undue hardship and utilizing it effectively, businesses can stay up-to-date on necessary laws and regulations while assessing their economic and operational conditions. As such, business professionals should make sure to stay updated on the latest legal information and consult with legal professionals as needed.