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

Yes, there are legal remedies available for employers in Massachusetts if an accommodation request cannot be fulfilled. The Massachusetts Disability Law allows for employers to be exempt from providing certain accommodations if it would cause an undue hardship. This means that the accommodation would require significant difficulty or expense for the employer. Under the Massachusetts Disability Law, employers can request a "reasonable accommodation determination" from the Massachusetts Commission Against Discrimination (MCAD). If the employer is able to show that the accommodation in question is an undue hardship, then the MCAD may determine that the requested accommodation is not reasonable and the employer will be exempt from providing it. The employer must still consider alternative accommodations that may not be as costly. Additionally, employers can also seek a waiver from the MCAD if the accommodations in question impose an undue hardship. This waiver would require the employer to demonstrate that the accommodation would require significant difficulty or expense, and that no reasonable alternative exists. If the MCAD determines that the requested accommodation is an undue hardship, they may issue a waiver and the employer will not have to provide the accommodation. Finally, employers can also choose to reject the accommodation request entirely if the requested accommodation is deemed unreasonable or excessive. However, the employer should always consider alternative accommodations that may not be so costly or difficult to provide. The employer should also keep in mind that the MCAD may require the employer to provide additional accommodations that are reasonable and not unduly burdensome.

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

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