A complaint filed by the U.S. Equal Employment Opportunity Commission (EEOC) in the U.S. District Court for the Southern District of Florida, alleges that Elon Property Management, LLC, a Florida-based property management company, violated federal law by discriminating against a job applicant because of her disability in violation of the Americans with Disabilities Act (ADA) .

The EEOC alleges the company rescinded a job offer after learning about the applicant's request for a reasonable accommodation for her disability.

According to the EEOC, the applicant was qualified for the job and disclosed her disability during the hiring process, specifically requesting an accommodation to be able to perform the essential functions of the position.

Despite her qualifications and willingness to work with Elon Property Management, the complaint alleges the company withdrew the offer instead of engaging in an interactive process to determine an appropriate reasonable accommodation, as required by law.

The EEOC seeks compensation for the applicant in the form of back pay, compensatory damages, and punitive damages, as well as injunctive relief to prevent similar conduct in the future.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-elon-property-management-disability-discrimination-florida

Commentary

When a new hire requests a reasonable accommodation for a disability, employers are required by the ADA to engage in an interactive process to determine if the request can be granted without causing an undue hardship.

Undue hardship means more than mere inconvenience or cost - it refers to an accommodation that would require significant difficulty or expense for the employer, evaluated considering several factors such as the nature and cost of the accommodation, the size and resources of the employer, and how the accommodation would impact business operations.

Large employers are generally expected to bear more substantial costs than smaller ones, and hardship is assessed on a case-by-case basis. If the requested accommodation would overall be unduly costly, extensive, substantial, disruptive, or would fundamentally alter the nature or operation of the business, the employer may determine that it constitutes an undue hardship.

Crucially, if an employer genuinely finds that providing a specific accommodation to a new hire is an undue hardship after conducting a thorough evaluation, including considering alternative accommodations, it can be legally justified to rescind the job offer. However, this is only appropriate when there is clear, concrete evidence of substantial difficulty or expense, not simply because some cost or inconvenience is involved. Always consult with legal counsel before relying on an undue hardship to deny employment.

Additional Sources: https://www.eeoc.gov/publications/ada-your-employment-rights-individual-disability; https://www.ada.gov/law-and-regs/ada/