Illinois Administrative Code
Title 56 - LABOR AND EMPLOYMENT
Part 2535 - JOINT RULES OF THE HUMAN RIGHTS COMMISSION AND DEPARTMENT OF HUMAN RIGHTS: RULES ON PREGNANCY DISCRIMINATION AND ACCOMMODATION IN EMPLOYMENT
Subpart B - REASONABLE ACCOMMODATION
Section 2535.110 - Undue Hardship
Universal Citation: 56 IL Admin Code ยง 2535.110
Current through Register Vol. 48, No. 38, September 20, 2024
a) The employer has the burden of proving undue hardship.
b) An accommodation imposes an undue hardship on the ordinary operation of the business of the employer if it is prohibitively expensive or disruptive when considered in light of the following factors:
1) The nature and cost of the
accommodation needed;
2) The
overall financial resources of the facility or facilities involved in the
provision of the reasonable accommodation, the number of persons employed at
the facility, the effect on expenses and resources, or the impact otherwise of
the accommodation upon the operations of the facility;
3) The overall financial resources of the
employer, the overall size of the business of the employer with respect to the
number of its employees, and the number, type and location of its facilities;
and
4) The type of operation or
operations of the employer, including the composition, structure and functions
of the workforce of the employer and the geographic separateness and
administrative or fiscal relationship to the employer of the facility or
facilities in question.
c) Evidence that the employer provides or would be required to provide a similar accommodation to similarly situated job applicants or employees creates a rebuttable presumption that the accommodation does not impose an undue hardship on the employer.
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