Indiana Code - Labor and Safety - Title 22, Section 22-9-5-18

"Undue hardship" defined; factors

Sec. 18. (a) As used in this chapter, "undue hardship" means an
action requiring significant difficulty or expense when considered in
light of the factors set forth in subsection (b).
(b) In determining whether an accommodation would impose an
undue hardship on a covered entity factors to be considered include
the following:
(1) The nature and cost of the accommodation needed under
this chapter.
(2) The:
(A) overall financial resources of the facility or facilities
involved in the provision of the reasonable accommodation;
(B) number of persons employed at the facility or facilities;
(C) effect on expenses and resources; or
(D) impact otherwise of the accommodation upon the
operation of the facility or facilities.
(3) The overall financial resources of the covered entity, the
overall size of the business of a covered entity with respect to
the number of employees, and the number, type, and location of
facilities.
(4) The type of operation or operations of the covered entity,
including the composition, structure, and functions of the
workforce of the entity, and the geographic separateness,
administrative, or fiscal relationship of the facility or facilities
in question to the covered entity.

As added by P.L.111-1992, SEC.4. Amended by P.L.21-1995,
SEC.144.

Last modified: May 27, 2006