Disability law and access: unjustifiable hardship
Not everyone with a disability will require adjustments. Many adjustments are likely to be simple to put in place while others may involve planning and budgetary allocation and some disruption or time commitment.
The DDA uses the concept of 'unjustifiable hardship' to determine whether an adjustment is reasonable or not. Expense or inconvenience does not necessarily constitute 'unjustifiable hardship' and all the relevant circumstances of a particular case are taken into account. For example installing a lift may be too expensive for a small employer or restaurant owner but is affordable for a large employer.
To determine the validity of a claim of 'unjustifiable hardship', The Australian Human Rights Commission or court will look at:
• the benefit or detriment accrued by any person concerned
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