Kansas Administrative Regulations
Agency 21 - KANSAS HUMAN RIGHTS COMMISSION
Article 34 - DISCRIMINATION BECAUSE OF DISABILITY
Section 21-34-19 - Undue hardship; definition; criteria for determination
Universal Citation: KS Admin Regs 21-34-19
Current through Register Vol. 43, No. 39, September 26, 2024
(a) "Undue hardship" means an action requiring significant difficulty or expense.
(b) Criteria for determination. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include:
(1) the nature and net cost of the
accommodation needed under this act, taking into consideration the availability
of tax credits and deductions, outside funding, or both;
(2)
(A) the
overall financial resources of the facility or facilities involved in the
provision of the reasonable accommodation;
(B) the number of persons employed at the
facility;
(C) the effect on
expenses and resources, or any other impact of the accommodation upon the
operation, of the facility;
(3)
(A) the
overall financial resources of the covered entity;
(B) the overall size of the business of a
covered entity with respect to the number of its employ-ees;
(C) the number, type, and location of its
facilities; and
(4)
(A) the type of operation or operations of
the covered entity, including the composition, structure, and functions of the
workforce of the entity;
(B) the
geographic separateness, administrative, or fiscal relationship of the facility
or facilities in question to the covered entity.
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