CACI No. 2561

Accommodation—Affirmative Defense—Undue Hardship (Gov.

Code, §§ 12940( l)(1), 12926(u))

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

[religious belief/religious observance] 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 [he/she/

nonbinary pronoun/it] considered reasonable alternative options for

accommodating the [religious belief/religious observance], including (1)

excusing [name of plaintiff] from duties that conflict with

[his/her/nonbinary pronoun] [religious belief/religious observance][,] [or]

(2) permitting those duties to be performed at another time or by

another person[, or (3) [specify other reasonable accommodation]].

If you decide that [name of defendant] considered but did not adopt [a]

reasonable accommodation[s], you must then decide if the

accommodation[s] would have created 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; Revoked December 2012; Restored and Revised June 2013;

Revised November 2019, May 2020, May 2021