Kan. Admin. Regs. § 21-34-19

Current through Register Vol. 44, No. 2, January 9, 2025

Section 21-34-19 - Undue hardship; definition; criteria for determination

(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.

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.