Sec. 18. (a) As used in this chapter, “undue hardship” means an action requiring significant difficulty or expense when considered in light of the factors set forth in subsection (b).

     (b) In determining whether an accommodation would impose an undue hardship on a covered entity factors to be considered include the following:

(1) The nature and cost of the accommodation needed under this chapter.

(2) The:

(A) overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation;

(B) number of persons employed at the facility or facilities;

(C) effect on expenses and resources; or

(D) impact otherwise of the accommodation upon the operation of the facility or facilities.

(3) The overall financial resources of the covered entity, the overall size of the business of a covered entity with respect to the number of employees, and the number, type, and location of facilities.

(4) The type of operation or operations of the covered entity, including the composition, structure, and functions of the workforce of the entity, and the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity.

As added by P.L.111-1992, SEC.4. Amended by P.L.21-1995, SEC.144.