659A.121 Undue
hardship. (1) For
the purposes of ORS 659A.112, an accommodation imposes an undue hardship on the
operation of the business of the employer if the accommodation requires
significant difficulty or expense.
(2) For the
purpose of determining whether an accommodation requires significant difficulty
or expense, the following factors shall be considered:
(a) The nature
and the cost of the accommodation needed.
(b) The overall
financial resources of the facility or facilities involved in the provision of
the accommodation, the number of persons employed at the facility and the
effect on expenses and resources or other impacts on the operation of the
facility caused by the accommodation.
(c) 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 the employer’s facilities.
(d) The type of
operations conducted by the employer, including the composition, structure and
functions of the workforce of the employer and the geographic separateness and
administrative or fiscal relationship of the facility or facilities in question
to the employer. [Formerly 659.440]
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 2004–2026 · leading case:
Nakashima v. Bd. of Educ., 131 P.3d 749 (Or. Ct. App. 2006).
Nakashima v. Bd. of Educ., 131 P.3d 749 (Or. Ct. App. 2006).
“Moreover, ORS 659A.121 expressly defines “undue hardship” in that context: It provides that an accommodation imposes an undue hardship on the operation of the business of the employer if the accommodation “requires significant difficulty or expense.”
Marshall v. Pollin Hotels II, LLC, 170 F. Supp. 3d 1290 (D. Or. 2016).
“[r]efuse to make a reasonable safety accommodation requested by an individual who is a victim of domestic violence, harassment, sexual assault or stalking, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business…”
Honstein v. Metro West Ambulance Serv., Inc., 90 P.3d 1030 (Or. Ct. App. 2004).
“” *465 ORS 659A.121(2). Further, the old rules defining “reasonable accommodation” in terms of what is not an undue burden, former OAR 839-06-205(8) (1991) and OAR 839-06-245(8) (1991), were repealed in 1998.”
Stamper v. Salem-Keizer Sch. Dist., 97 P.3d 680 (Or. Ct. App. 2004).
“…an issue about whether plaintiff suffered any damages. See 42 USC §§ 12111 (9), 12112(b)(5)(A) (2000); ORS 659A.112, ORS 659A.121.”
Combs (D. Or. 2026).
· cites it 2× “EEOC Enforcement Guidance; ORS 659A.121(2)(a–d). Though Title VII and ADA undue hardship standards are not identical, they contemplate similar factors.”
Herechberger (D. Or. 2026).
· cites it 2× “EEOC Enforcement Guidance; ORS 659A.121(2)(a–d). Though Title VII and ADA undue hardship standards are not identical, they contemplate similar factors.”
Boltz (D. Or. 2026).
· cites it 2× “EEOC Enforcement Guidance; ORS 659A.121(2)(a–d). Though Title VII and ADA undue hardship standards are not identical, they contemplate similar factors.”
Vanessa Buss v. PeaceHealth (D. Or. 2026).
· cites it 2× “28, 2026); ORS 659A.121(2)(a–d). cost of the accommodation, the employer’s financial resources, the number of employees and facilities, the effect on the facility’s expenses and resources, the employer’s type of operation including the structure and functions of the workforce.”
— Or. Rev. Stat. § 659A.121(2) — 5 cases
Honstein v. Metro West Ambulance Serv., Inc., 90 P.3d 1030 (Or. Ct. App. 2004).
“” *465 ORS 659A.121(2). Further, the old rules defining “reasonable accommodation” in terms of what is not an undue burden, former OAR 839-06-205(8) (1991) and OAR 839-06-245(8) (1991), were repealed in 1998.”
Combs (D. Or. 2026).
“EEOC Enforcement Guidance; ORS 659A.121(2)(a–d). Though Title VII and ADA undue hardship standards are not identical, they contemplate similar factors.”
Herechberger (D. Or. 2026).
“EEOC Enforcement Guidance; ORS 659A.121(2)(a–d). Though Title VII and ADA undue hardship standards are not identical, they contemplate similar factors.”
Boltz (D. Or. 2026).
“EEOC Enforcement Guidance; ORS 659A.121(2)(a–d). Though Title VII and ADA undue hardship standards are not identical, they contemplate similar factors.”
Vanessa Buss v. PeaceHealth (D. Or. 2026).
“28, 2026); ORS 659A.121(2)(a–d). cost of the accommodation, the employer’s financial resources, the number of employees and facilities, the effect on the facility’s expenses and resources, the employer’s type of operation including the structure and functions of the workforce.”
Annotations are extracted automatically from the opinions in the
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