(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...
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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§100.500(c)(3)
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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...
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8. Providing Qualified Readers
Providing Qualified Readers It may be a reasonable accommodation to provide a reader for a qualified individual with a disability, if this would not impose an undue hardship....
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18. Does an employer have to hold open an employee's job as a reasonable accommodation?
disability who is granted leave as a reasonable accommodation is entitled to return to his/her same position unless the employer demonstrates that holding open the position would impose an undue...
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23. How should an employer handle requests for modified or part-time schedules for an employee covered by both the ADA and the Family and Medical Leave Act (FMLA)?
, an employee who needs a modified or part-time schedule because of his/her disability is entitled to such a schedule if there is no other effective accommodation and it will not cause undue...
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Triggering event
Department should use the “last building permit or start of physical construction, whichever comes first,’’ stating that “altering a design after a building permit has been issued can be an undue...
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GENERAL NONDISCRIMINATION REQUIREMENTS
edX can demonstrate that taking such steps would fundamentally alter the nature of the good, service, facility, privilege, advantage, or accommodation being offered or would result in an undue...
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Section 36.306 Personal Devices and Services (Section-By-Section Analysis and Response to Comments)
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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Triggering event. (Section-by-Section Analysis)
Department should use the ‘‘last building permit or start of physical construction, whichever comes first,'' stating that ‘‘altering a design after a building permit has been issued can be an undue...
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II-7.1100 Primary consideration
that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the service, program, or activity or in undue...
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INSTRUCTIONS FOR INVESTIGATORS
if a modified schedule or leave is the reasonable accommodation, is undue hardship based on the impact on the ability of other employees to do their jobs?...
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Section 36.304 Removal of Barriers (Section-By-Section Analysis and Response to Comments)
In that sense, it can be characterized as a "lower'' standard than the undue burden standard....
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Accommodating Employees with Hearing Disabilities
adjustments or modifications - called reasonable accommodations - to enable applicants and employees with disabilities to enjoy equal employment opportunities unless doing so would be an undue...
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Existing play areas. (Section-by-Section Analysis)
The Department believes that the factors used to determine program accessibility, including the limits established by the undue financial and administrative burdens defense, provide sufficient...
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13. May an employer be required to provide more than one accommodation for the same employee with a hearing disability?
An employer must consider each request for a reasonable accommodation and determine whether it would be effective and whether providing it would pose an undue hardship....
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§1630.2(k)(3) Reasonable accommodation
An individual with a record of a substantially limiting impairment may be entitled, absent undue hardship, to a reasonable accommodation if needed and related to the past disability....
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7.7 Evaluations, Discipline and Discharge
ability to perform marginal functions is affected by the disability, the employer must provide some type of reasonable accommodation such as job restructuring (unless to do so would be an undue...
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§1630.9(e)
(e) A covered entity is required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability under the “actual...
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Section 36.303(g)(6) Alternative Technologies
burdens on such entities.”...
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9. What type of reasonable accommodations may employees with hearing disabilities need?
Simon's employer would have to provide the sign language interpreter as a reasonable accommodation, absent undue hardship....
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Rebuilding Together Duneland - Chesterton, IN
Mission Statement Bringing volunteers and communities together to improve the homes and lives of financially-burdened (or low-income) homeowners, assuring that they live in warmth, safety...
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Question 24
Are there alternatives that the Department can adopt, which were not previously discussed, that will alleviate the burden on small entities?...
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§1630.2(o)(4)
(4) A covered entity is required, absent undue hardship, to provide a reasonable accommodation to an otherwise qualified individual who meets the definition of disability under the “actual...
