CACI No. 2545

Hardship

[Name of defendant] claims that accommodating [name of plaintiff]’s

disability would create an undue hardship to the operation of [his/her/

nonbinary pronoun/its] business. To succeed on this defense, [name of

defendant] must prove that [an] accommodation[s] would create an

undue hardship because it would be significantly difficult or expensive, in

light of the following factors:

a. The nature and cost of the accommodation[s];

b. [Name of defendant]’s ability to pay for the accommodation[s];

c. The type of operations conducted at the facility;

d. The impact on the operations of the facility;

e. The number of [name of defendant]’s employees and the

relationship of the employees’ duties to one another;

f. The number, type, and location of [name of defendant]’s facilities;

and

g. The administrative and financial relationship of the facilities to

one another.

New September 2003; Revised November 2019, May 2020