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

Yes, there are certain legal remedies available for employers if an accommodation request cannot be fulfilled in South Carolina. Under Title I of the Americans with Disabilities Act (ADA) employers may be exempt and not required to provide an accommodation if it would pose an “undue hardship”. This is defined as an action that would require significant difficulty or expense when considered in relation to size, financial resources, number of employees, and the impact of the accommodation on the operations of the business. If an accommodation request cannot be fulfilled due to undue hardship, employers are not liable for discrimination. Additionally, employers may be exempt from providing certain types of accommodations if these accommodations would violate safety regulations. Similarly, employers may be exempt from providing certain accommodations if these accommodations would cause harm to the person requesting the accommodation or to other employees. In certain cases, employers may also be exempt from providing certain accommodations if these accommodations are considered illegal under the ADA. For example, some accommodations may be considered too costly or if providing the accommodation would require changes to a workplace that could violate existing building codes. In South Carolina, employers also have the right to offer alternative accommodations that are more suitable for their situation. Finally, employers should remember that accommodations should be provided in a way that does not put additional burdens on other employees.

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

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