153 Determining What Is Undue Hardship

153.1 Overview

The law does not require the Postal Service to provide an accommodation, even one that the law deemed generally reasonable if it would impose a specific undue hardship on Postal Service operations.

153.2 Example of Undue Hardship: Expense

The law does not require accommodations that are unduly costly and require spending significant sums of money. Factors establishing hardship based on cost are:

• Nature and cost of accommodation.
• Overall financial resources of the facility or organization.
• Number of employees.
• Effect on expenses and resources.

153.3 Example of Undue Hardship: Fundamental Alteration of the Nature or Operation of the Business

Generally, the law does not require accommodations that would change the fundamental nature of business operations. Factors to consider in establishing undue hardship based on fundamental alteration are:

• Type of operations conducted.
• Composition, structure, and functions of the workplace.
• Geographic separateness and administrative or fiscal relationship of the facility in question to the employer.

Impacts of the accommodation upon the fundamental alteration of the operation of the facility are:

• The ability of other employees to perform their duties.
• The facility’s ability to conduct business.