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A resolution satisfactory to both the employer and the employee may come from good faith on the part of both parties. In such a situation, the determination whether an accommodation would impose undue hardship should be made on a case-by-case basis using a weight-of-the-evidence approach. In other words, the employer should conduct a thorough analysis of both sides of the issue in order to make an informed decision.

Pardons can be granted in many countries when individuals are deemed to have demonstrated that they have “paid their debt to society”, or are otherwise considered to be deserving of them. In some jurisdictions of some nations, accepting a pardon may implicitly constitute an admission of guilt; the offer is refused in some cases. Cases of wrongful conviction are in recent times more often dealt with by appeal rather than by pardon; however, a pardon is sometimes offered when innocence is undisputed in order to avoid the costs that are associated with a retrial. Clemency plays a critical role when capital punishment exists in a jurisdiction.

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