mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue...
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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Commonly Searched Documents
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12112(b)(5)(A)
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§1630.9(a)
known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless such covered entity can demonstrate that the accommodation would impose an undue...
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INTRODUCTION
This Enforcement Guidance clarifies the rights and responsibilities of employers and individuals with disabilities regarding reasonable accommodation and undue hardship....
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National Institute of Building Sciences (NIBS)
Congress recognized that the lack of such an authoritative voice was a burden on all those who plan, design, procure, construct, use, operate, maintain and retire physical facilities, and...
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§100.500(b)(2)
The burdens of proof for establishing each of the two elements of a legally sufficient justification are set forth in paragraphs (c)(2) and (c)(3) of this section....
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16. Reasonable accommodation
reasonable accommodation to the known physical or mental limitations of a handicapped applicant or employee unless the recipient can demonstrate that the accommodation would impose an undue...
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Granting Leave as a Reasonable Accommodation
(See below for a discussion of undue hardship.)...
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Section 36.304 Removal of Barriers (Preamble, Section-by-Section Analysis)
In that sense, it can be characterized as a ‘‘lower’’ standard than the undue burden standard....
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LiveWell RERC for ICT Access
RERC for populations of users will be greater independence and personal autonomy, improved health and freedom from harm, improved satisfaction with life quality, and reduced caregiver burden...
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Section 36.306 Personal Devices and Services (Preamble, Section-by-Section Analysis)
Section 36.306 of the proposed rule, ‘‘Readily achievable and undue burden: Factors to be considered,’' was deleted for the reasons described in the preamble discussion of the definition...
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NOTICE UNDER THE AMERICANS WITH DISABILITIES ACT
The ADA does not require the [name of public entity] to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative...
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Accessibility of State and Local Government Websites to People with Disabilities
disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue...
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Historic Preservation Programs
when providing physical access would threaten or destroy the historic significance of an historic property, or would result in a fundamental alteration in the nature of the program or in undue...
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Captioning at sporting venues. (Section-by-Section Analysis)
Department believes that requiring captioning of safety and emergency information made over the public address system in stadiums seating fewer than 25,000 has the potential of creating an undue...
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Captioning at sporting venues. (Section-by-Section Analysis)
Department believes that requiring captioning of safety and emergency information made over the public address system in stadiums seating fewer than 25,000 has the potential of creating an undue...
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C. ACCESSIBILITY FOR DEAF AND HARD OF HEARING PATRONS
Notwithstanding the foregoing, if after due diligence into the technology, cost, and feasibility of providing Captioning for all Aural Information, the Cavs believe it would be an undue...
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Attachment A
The ADA does not require the City of Waukegan to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden...
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§100.500(c)(1)
(1) The charging party, with respect to a claim brought under 42 U.S.C. 3612, or the plaintiff, with respect to a claim brought under 42 U.S.C. 3613 or 3614, has the burden of proving that...
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Reassignment
prevents the employee from performing one or more essential functions of the current job, even with a reasonable accommodation, or because any accommodation in the current job would result in undue...
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1. Making Facilities Accessible and Usable
The employer must provide such access unless it would cause an undue hardship....
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26. Must an employer offer reassignment as a reasonable accommodation if it does not allow any of its employees to transfer from one position to another?
Therefore, an employer who does not normally transfer employees would still have to reassign an employee with a disability, unless it could show that the reassignment caused an undue hardship...
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§100.500(c)(3)
(3) If the respondent or defendant satisfies the burden of proof set forth in paragraph (c)(2) of this section, the charging party or plaintiff may still prevail upon proving that the substantial...
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§ 37.155(b)(3)
entity and used by that entity to provide paratransit service which is part of a coordinated system of paratransit meeting the requirements of this part, may be counted in determining the burden...
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E. Employment Opportunities For Handicapped Applicants
reasonable accommodation for the physical or mental limitations of handicapped applicants who are otherwise qualified unless recipients can demonstrate that the accommodation would impose an undue...
