Are there any legal remedies available for employers if an accommodation request cannot be fulfilled?
Yes, there are legal remedies available for employers in North Carolina if an accommodation request cannot be fulfilled. An employer may not be able to fully comply with the request due to undue hardship or cost. In this situation, the employer must provide the individual with some type of reasonable accommodation that will enable them to access the job or work environment. For example, employers should engage in an interactive process with their employee or applicant to determine if there are any other reasonable accommodations that could be put in place to get the individual the same access or result as the requested accommodation. These are known as alternative accommodations. Additionally, employers may be able to provide shifting or reassignment of duties in order to avoid any undue hardship or cost in meeting the requested accommodation. If this is done, they must provide the same job title and wages as the requested accommodation. Employers may also be able to provide a hardship defense by showing that the requested accommodation requires significant difficulty, expense, or disruption. This defense must be proven with evidence by the employer. Ultimately, the employer should understand that reasonable accommodations are a legal requirement for individuals with disabilities in North Carolina and should work to provide a reasonable accommodation whenever possible.
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