Are there any legal remedies available for employers if an accommodation request cannot be fulfilled?
Yes, in Florida, there are legal remedies available for employers if an accommodation request cannot be fulfilled. For example, an employer may be able to deny a requested accommodation if it would impose an excessive financial burden on the employer or if the accommodation would cause the employer an undue hardship. An undue hardship is an accommodation that would require significant difficulty or expense when compared to the size and resources of the employer’s business. Additionally, if the accommodation is not required by law, the employer may be able to deny the request. Employers may also be able to deny an accommodation if it would require them to lower a performance or production standard or reduce the quality of work necessary to the job. Furthermore, an employer may be able to deny an accommodation if it would alter the essential functions of the job or if the employee cannot perform those essential functions with or without reasonable accommodation. Ultimately, under disability law in Florida, employers should always make their best efforts to accommodate requests from employees. However, in some cases, legal remedies may be available to employers who cannot fulfill accommodation requests.
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