For HR teams managing accommodations at large, complex organizations, few determinations are more consequential than deciding whether a requested accommodation crosses the line into undue hardship. Get it wrong in one direction and you’ve exposed your organization to legal liability. Get it wrong in the other and you’ve failed an employee who came to you for support during a difficult time.
According to AbsenceSoft’s recent data, knowing whether an accommodation is reasonable was the top challenge cited by HR leaders, reported by 50% of respondents. That number has held steady for two years running, even as the nature of accommodation requests has become more complex. Remote work, flexible scheduling, and intermittent leave have replaced ergonomic chairs and ramps as the most common requests, and the undue hardship analysis for these accommodations rarely has a clean answer.
This article unpacks what the ADA’s undue hardship standard actually requires, where HR teams most often struggle, and how the right processes and technology can make consistent, compliant decisions achievable even under a growing caseload.
Why Reasonable Accommodation and Undue Hardship are Hot Topics in 2026
For the third year in a row, the majority of HR leaders surveyed by AbsenceSoft reported an increase in accommodation requests. In 2026, 56% saw volume rise, and among those, three out of four reported increases of more than 20%. This rise in requests puts pressure on HR teams who must keep up with an ever-lengthening caseload.
But the number of requests is not the only thing impacting HR’s workload. The nature of these requests is also shifting. Mental health conditions and chronic physical conditions were the top two reasons employees requested accommodations in AbsenceSoft’s 2026 research. Given the nature of these conditions, it is no surprise that flexibility-based accommodations are the most commonly requested. Remote work and reduced schedules were each cited by 43% of HR leaders as top requests, with continuous leave close behind at 34%.
As HR teams field a growing number of complex requests, the challenge reported most often is knowing whether a given accommodation is actually reasonable. There is no clear-cut answer, and for accommodations like remote work, the analysis depends heavily on the employee’s limitations and the operational realities of the role.
The Two Most Common and Complex Requests
Remote work and intermittent leave top the list of employee-requested accommodations, and they represent a meaningful departure from more traditional solutions. A ramp, a headset, an ergonomic chair: these accommodations were relatively straightforward to evaluate and administer. The organization identified the need and provided the solution.
Accommodations tied to when and where someone works are more complicated. HR must first determine whether the accommodation is reasonable given the role. If it is, the team must work with the employee and their supervisor to structure a new arrangement, including how long it will remain in place. This is where the interactive process becomes essential. While the ADA does not explicitly mandate it, the EEOC strongly encourages it, and courts consistently view it as best practice.
Privacy is also a consideration. When an employee works remotely or keeps a different schedule, colleagues notice. HR should be prepared to support managers in handling questions without disclosing protected medical information. Employees have the right to choose if and when they share information about their own conditions.
What Counts as Undue Hardship?
The ADA requires employers to provide reasonable accommodations unless doing so would create undue hardship. The EEOC defines undue hardship as an accommodation that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business.
The factors HR should weigh include:
- The cost of the accommodation
- The employer’s overall size and financial resources
- The nature and structure of the organization’s operations
- The impact on other employees and business functions
A few examples illustrate how this plays out in practice.
An emergency room nurse with major depressive disorder requests intermittent leave. The ER already operates below minimum staffing levels, and unplanned absences would prevent the hospital from meeting legally required ratios. The proposed accommodation would create operational disruption significant enough to constitute undue hardship. HR would need to work with the employee to identify an alternative.
An elementary school teacher with chronic laryngitis requests a microphone and speaker system. If the school is a standalone institution with limited resources, the cost may qualify as undue hardship. But if the school belongs to a large district, the analysis must account for the district’s resources as a whole, not just the individual school’s budget.
A big-box hardware employee who restocks heavy merchandise overnight asks for a shift change due to insomnia. She is the only employee licensed to operate the machinery required to move the heaviest stock. Because her duties cannot be reassigned, the schedule change would create undue hardship. HR would need to work with her to find another path forward.
Why Undue Hardship Can’t Be a Guessing Game
Wrongly claiming undue hardship carries real consequences. The EEOC files disability discrimination lawsuits every year, and the costs add up quickly. In 2024, one employer was ordered to pay more than $1 million following an EEOC disability discrimination case. According to the Department of Labor and SHRM, the average cost to defend an employment lawsuit is $78,000 regardless of outcome. A wrongful termination claim averages $335,000, according to the EEOC.
The impact on employees is just as significant. According to AbsenceSoft’s 2026 employee experience data, employees who had poor accommodation experiences reported feeling unable to get the support they needed, struggling to do their jobs after a denial, and having to navigate a difficult or unclear process. More than two-thirds said they no longer felt valued or supported by their workplace. About 40% started looking for a new job.
The good news is that poor accommodation experiences are not inevitable, even when undue hardship is legitimately at issue. With the right training, a well-run interactive process, and purpose-built technology, HR teams can deliver a fair, consistent, and documented experience for every request.
How AbsenceSoft Helps HR Get It Right
In addition to the challenges and frustrations HR encounters in managing accommodations, our report also revealed the solutions HR seeks to improve the employee experience and streamline their workload. The top change HR managers desired was improved technology. Employees, too, displayed a desire for streamlined, modern processes enabled by technology.
AbsenceSoft’s accommodations platform satisfies these needs directly. Our system standardizes and simplifies decision making. With it, HR can:
- Centrally track the interactive process.
- Document medical information and decision rationale.
- Set internal timelines to avoid unnecessary delays.
- Leverage intelligent automation to ensure consistency and efficiency.
The AbsenceSoft platform also provides real-time data, ensuring HR teams are equipped with the most relevant, up-to-date data on employees with accommodations. It also creates automated reminders that keep busy team members on task and on pace.
Supporting Employees While Protecting the Organization
Employers may be obligated to provide reasonable accommodations, assuming no undue hardship is present. But they’re not necessarily obligated to spend a lot of money to do so. According to the Job Accommodation Network (JAN), half of accommodations are free. These could include modified break schedules, extra managerial support, or alternative forms of training materials.
JAN also reported that most accommodations with a one-time expense cost less than $300.
It’s only fair to acknowledge that, while most accommodations are free or inexpensive, some will come with a heftier price tag. No matter the price, however, accommodations are highly valuable to employers.
When organizations readily provide accommodations, they create a supportive culture while also reducing legal exposure. Employers can also shore up retention and output through accommodations management. As our survey revealed, when employers offer employees an accommodations experience that’s efficient, compassionate, and discreet, employees are more loyal, motivated, and productive.
Enhance Your Approach to Accommodations Management
It’s difficult to understand when a requested accommodation constitutes undue hardship. But pinpointing this threshold is essential to maintaining a compliant accommodations program. Thankfully, it’s achievable, too.
With efficient processes and effective tools, HR can hone its approach to accommodations to ensure that every employee’s request for accommodation receives timely and fair consideration. When HR determines that the undue hardship standard has been met, the team can lean on the interactive process to come up with alternative solutions that work for the business and the employee.
Curious to learn more about managing accommodations with efficiency and compassion? Visit AbsenceSoft’s resource center. To discover how AbsenceSoft can refine your organization’s approach to accommodations, book a demo today.
FAQ on Undue Hardship
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Undue hardship means an accommodation would be unduly costly, disruptive, or would fundamentally alter the nature of the business. The ADA does not provide a definitive list of what qualifies. Instead, employers must evaluate each request individually, weighing the cost of the accommodation against the organization’s size, financial resources, and operational structure. This is why consistent documentation and a well-run interactive process matter so much: if a decision is ever challenged, you need a clear record of how and why you reached it. AbsenceSoft helps HR teams centralize that documentation and track every step of the interactive process so decisions are defensible and equitable across cases.
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Yes, but only under specific circumstances. An employer can deny a request if providing the accommodation would create an undue hardship, or if the employee does not meet the ADA’s definition of a person with a disability. Employers cannot deny a request simply because a solution is inconvenient or unfamiliar. Before denying any request, employers should complete the interactive process and explore whether an alternative accommodation could meet the employee’s needs. AbsenceSoft guides HR teams through this process with built-in workflows.
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It can be, but there is no universal answer. Whether remote work qualifies depends on the essential functions of the role and the employee’s specific limitations. A truck driver cannot perform their essential duties remotely. An administrative employee whose role involves independent work on a computer may be a different story. According to AbsenceSoft’s recent data, remote work was the most commonly requested accommodation, cited by 43% of HR leaders, and it was also one of the top sources of uncertainty around the undue hardship standard. AbsenceSoft helps HR document these decisions consistently, reducing the risk of inconsistent outcomes across similar roles.
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Delays and non-responses are among the most common triggers for ADA complaints. The EEOC has stated that unnecessary delays can constitute a violation, even when the employer eventually provides the accommodation. AbsenceSoft’s 2026 employee experience research found that 25% of employees waited more than two weeks for a decision, and 3% never received one at all. AbsenceSoft addresses this directly with automated reminders and case tracking that keep requests moving and ensure nothing goes unanswered.