Authority: IC 22-9-5-27

Affected: IC 22-9-5

Sec. 16. (a) "Undue hardship", with respect to the provision of an accommodation, means significant difficulty or expense incurred by a covered entity when considered in light of the factors as set forth in section 13 of this rule.

(b) In determining whether an accommodation would impose an undue hardship on a covered entity, factors to be considered include the following:

1. (1) The nature and net cost of the accommodation needed under this rule, taking into consideration the availability of tax credits and deductions or outside funding.
2. (2) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, and the effect on expenses and resources.
3. (3) The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees, and the number, type, and location of its facilities.

4. (4) The type of operation or operations of the covered entity, including the following:

   1. (A) Composition, structure, and function of the workforce of such entity.
   2. (B) The geographic separateness and administrative or fiscal relationship of the facility or facilities in question to the covered entity.

5. (5) The impact of the accommodation upon the operation of the facility, including the following:

   1. (A) The impact on the ability of other employees to perform their duties.
   2. (B) The impact on the facility's ability to conduct business.

(Civil Rights Commission; 910 IAC 3-2-16; filed Dec 31, 1998, 2:10 p.m.: 22 IR 1520; readopted filed Oct 18, 2005, 2:30 p.m.: 29 IR 897; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA; readopted filed Sep 27, 2019, 2:32 p.m.: 20191030-IR-910190407RFA)