Are there any legal remedies available for employers if an accommodation request cannot be fulfilled?

In Colorado, employers do have legal remedies available if an accommodation request cannot be fulfilled. If the employer cannot provide an accommodation, they can request for an exemption from the Colorado Anti-Discrimination Act. However, this exemption is only granted if the employer can demonstrate that providing the accommodation would impose an undue hardship or would cause significant difficulty or expense. For example, if providing an accommodation is too costly or would alter the nature of the workplace or its operations. If the employer does not receive an exemption, they will need to accept the requested accommodation or face the possibility of facing a discrimination lawsuit. Additionally, an employer may be liable for damages if they are in breach of their legal obligation to provide accommodations. This could include paying for the employee’s legal fees and any losses suffered due to the employer’s failure to provide the necessary accommodations. It is important for employers in Colorado to abide by the disability law, understand their legal obligations, and to provide reasonable accommodations when requested. Understanding the law and seeking legal advice if necessary can help employers avoid any potential legal issues related to disability accommodation requests.

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