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No statutory definition

Undue hardship

The Human Rights Act defense to a reasonable-accommodation request — a phrase chapter 363A uses in five places without ever defining, supplying instead five factors to be considered.

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Also called: undue hardship defense.

In determining whether an accommodation would impose an undue hardship on the operation of a business or organization, factors to be considered include:

(1) the overall size of the business or organization with respect to number of employees or members and the number and type of facilities;

(2) the type of the operation, including the composition and structure of the work force, and the number of employees at the location where the employment would occur;

(3) the nature and cost of the needed accommodation;

(4) the reasonable ability to finance the accommodation at each site of business; and

(5) documented good faith efforts to explore less restrictive or less expensive alternatives, including consultation with the disabled person or with knowledgeable disabled persons or organizations.

Minn. Stat. § 363A.08, subd. 6(b). Subdivision 6(a) puts the burden on the employer, which must “demonstrate” the hardship. Note factor (5): the employer’s own documented efforts are part of the test, so a refusal with nothing behind it is weaker than a refusal with a record. A full-text search of the Revisor’s official chapter file for chapter 363A on September 8, 2026 turns up five uses of “undue hardship” and no definition of it.

Where this comes up

Sources checked September 8, 2026. Citations independently verified against the primary source September 8, 2026.

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