United States District Court, C.D. California. • 925 F.Supp.2d 1089 (C.D. Cal. 2013) Mark WILLITS, Judy Griffin, Brent Pilgreen, and Calif, on behalf of themselves and all...
Search Results "Undue Burden"
2010 ADA Definition
Undue Burden: Undue burden means significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered include –
(1) The nature and cost of the action needed under this part;
(2) The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;
(3) The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;
(4) If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type, and location of its facilities; and
(5) If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure, and functions of the workforce of the parent corporation or entity.
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WILLITS, et al v. CITY OF LOS ANGELES - Order Granting Plaintiff's Motion for Partial Summary Judgment
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ADA Requirements - Effective Communication
U.S. Department of Justice Civil Rights Division Disability Rights Section Effective Communication The Department of Justice published revised final regulations...
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Final Regulatory Assessment and Final Regulatory Flexibility Analysis Final Rule - Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description
Final Regulatory Assessment And Final Regulatory Flexibility Analysis Final Rule Nondiscrimination on the Basis of Disability by Public Accommodations— Movie Theaters; Movie...
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28 CFR Part 36 Nondiscrimination on the Basis of Disability; Movie Captioning and Video Description ANPRM
Billing Code: 4410-13 DEPARTMENT OF JUSTICE 28 CFR Part 36 CRT Docket No. 112; AG Order No. RIN 1190-AA63 Nondiscrimination on the Basis of Disability; Movie...
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Executive Summary
burden or a fundamental alteration. ...
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II. Summary of the Major Provisions of the Regulatory Action
service, would not actually be necessary in order for the individual with a disability to access the entity's service, or (for recipients of Federal financial assistance) would result in an undue...
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Undue burden (Section-By-Section Analysis and Response to Comments)
"Undue burden.'' The definition of "undue burden'' is analogous to the statutory definition of "undue hardship'' in employment under section 101(10) of the ADA....
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Undue Burden
Undue Burden – means significant difficulty or expense and along with "fundamental alteration" establishes the limitation on a public accommodation with regard to the provision of auxiliary...
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I. Executive Summary
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A. Purpose of the Rule
with a disability is excluded, denied services, segregated or otherwise treated differently * * * because of the absence of auxiliary aids and services” unless doing so would result in an undue...
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E202.6 Undue Burden or Fundamental Alteration
Where an agency determines in accordance with E202.6 that conformance to requirements in the Revised 508 Standards would impose an undue burden or would result in a fundamental alteration...
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E202.6.1 Basis for a Determination of Undue Burden
In determining whether conformance to requirements in the Revised 508 Standards would impose an undue burden on the agency, the agency shall consider the extent to which conformance would...
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E202.6.2 Required Documentation
The responsible agency official shall document in writing the basis for determining that conformance to requirements in the Revised 508 Standards constitute an undue burden on the agency...
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E202.6.3 Alternative Means
Where conformance to one or more requirements in the Revised 508 Standards imposes an undue burden or a fundamental alteration in the nature of the ICT, the agency shall provide individuals...
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Section 36.204 Administrative Methods (Section-By-Section Analysis and Response to Comments)
limitations contained in subpart C including, for example, necessity (Sec.36.301(a)), safety (Sec.36.301(b)), fundamental alteration (Sec.36.302(a)), readily achievable (Sec.36.304(a)), and undue...
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A.2.i. - What does Section 508 require?
Comparable access is not required if it would impose an "undue burden" on the agency....
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III. DISCUSSION
(2) Under Title II of the ADA, there is no undue burden defense available to public entities for failure to make their facilities that have been newly constructed or altered since January...
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12143(c)(4) Undue financial burden limitation
(4) Undue financial burden limitation The regulations issued under this section shall provide that, if the public entity is able to demonstrate to the satisfaction of the Secretary that...
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C. Whether the City Can Assert an Undue Burden Defense With Respect to Existing Facilities Covered by Section 504 of the Rehabilitation Act
As to existing facilities, the ADA Title II regulations contained an undue burden defense....
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Section 36.303 Auxiliary Aids and Services (Section-By-Section Analysis and Response to Comments)
Congress intended that "undue burden'' under Sec.36.303 and "undue hardship,'' which is used in the employment provisions of title I of the ADA, should be determined on a case-by-case basis...
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B. Title III's Implementing Regulation
burden. 28 CFR 36.303(a)....
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§27.7(e) Reasonable accommodations
on the basis of disability unless the recipient can demonstrate that making the accommodations would fundamentally alter the nature of the service, program, or activity or result in an undue...
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Undue burden
Undue burden means significant difficulty or expense....
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§8.6(c)
c) This section does not require a recipient to take any action that the recipient can demonstrate would result in a fundamental alteration in the nature of a program or activity or in undue...