Are there any legal remedies available for employers if an accommodation request cannot be fulfilled?
Yes, there are legal remedies available for employers if an accommodation request cannot be fulfilled in Delaware. According to the Delaware Department of Labor, an employer may choose to provide an alternate accommodation to the employee if the requested accommodation cannot be fulfilled. This alternative should be reasonable and align with the needs of the employee. Additionally, an employer may choose to deny the accommodation if it would cause an undue hardship for the employer and the request cannot be fulfilled. Undue hardship would consist of additional costs to the employer, such as purchasing special equipment or modifying the workplace. If the requested accommodation cannot be fulfilled and it causes undue hardship, employers are not required by law to provide the accommodation. However, employers are still obligated to provide reasonable accommodations to employees with disabilities and must work with the employee to best meet their needs.
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