Kan. Admin. Regs. § 21-34-19 - Undue hardship; definition; criteria for determination

Current through Register Vol. 40, No. 39, September 30, 2021

(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.

Notes

Kan. Admin. Regs. § 21-34-19
Authorized by K.S.A. 44-1004; implementing K.S.A. 44-1009, as amended by L. 1991, Chapter 147, Section 6; effective, T-21-3-27-92, March 27, 1992; effective April 27, 1992.

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