The ADA requires that the employer provide the accommodation unless to do so would impose an undue hardship on the operation of the employer's business....
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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More Questions and Answers About the ADA
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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...
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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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F. Measures Taken To Limit Impact on Small Entities
theaters, the Department found that to be unnecessary because movie theaters do not have to comply with requirements of the final rule to the extent that complying would constitute an undue...
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7.6. Measures Taken to Limit Impact on Small Entities
theaters, the Department found that to be unnecessary because movie theaters do not have to comply with requirements of the final rule to the extent that complying would constitute an undue...
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7. FINAL REGULATORY FLEXIBILITY ANALYSIS
determine whether a rule is likely to impose a significant economic impact on a substantial number of small entities and, in turn, to consider regulatory alternatives to reduce that regulatory burden...
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§100.500 Discriminatory effect prohibited.
The burdens of proof for establishing a violation under this subpart are set forth in paragraph (c) of this section....
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G. Response to 2008 NPRM Comments Concerning Movie Captioning and Video Description, Analysis and Discussion of Proposed Regulatory Approach
burden....
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Swimming pools. (Section-by-Section Analysis)
Although complying with the alteration standard would impose an undue burden on many small public entities, the litigation-related costs of proving that such compliance is not necessary...
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DEPARTMENT OF TRANSPORTATION DISABILITY LAW GUIDANCE: Origin-to-Destination Service
also be emphasized that transit providers are not required to take actions to accommodate individual passengers’ needs that would fundamentally alter the nature of the service or create undue...
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28 CFR Part 36 Nondiscrimination on the Basis of Disability by Public Accommodations - Movie Theaters; Movie Captioning and Audio Description Final Rule
requires that movie theater auditoriums provide closed movie captioning and audio description when showing a digital movie distributed with such features unless doing so would result in an undue...
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Issue: Curb Ramps
milestones and in implementing a curb cut transition plan for existing sidewalks, the actual number of curb cuts installed in any given year may be limited by the fundamental alteration and undue...
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Issue: Effective Communication
City governments are not required to take any actions that will result in a fundamental alteration or in undue financial and administrative burdens. 28 C.F.R. §§ 35.160‒35.164....
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5. What must an employer do after receiving a request for reasonable accommodation?
Moreover, in situations where an employer fails to provide a reasonable accommodation (and undue hardship would not be a valid defense), evidence that the employer engaged in an interactive...
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§8.25(c) Existing public housing and multi-family Indian housing—needs assessment and transition plan
Secretary for Public and Indian Housing may extend the four year period for a period not to exceed two years, on a case-by-case determination that compliance within that period would impose undue...
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Section 37.141 Requirements If a Joint Plan is Submitted
In any case, all plans (joint or single) must be fully implemented by January 26, 1997, absent a waiver for undue financial burden (which would, in the case of a joint plan, be considered...
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24. Is it a reasonable accommodation to modify a workplace policy?
It is a reasonable accommodation to modify a workplace policy when necessitated by an individual's disability-related limitations,(71) absent undue hardship....
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39. Must an employer provide a reasonable accommodation that is needed because of the side effects of medication or treatment related to the disability, or because of symptoms or other medical conditions resulting from the underlying disability?
Unless it can show undue hardship, the employer must grant this request....
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Question 11
How could medical providers time replacement or modification of equipment and furniture to ensure that individuals with disabilities receive equal access to healthcare without undue delay...
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Alterations to Qualified Historic Buildings and Facilities: ADA Standard Section 202.5
Section 202.5 covers the most current ADA Standards for alterations to qualified historic buildings and facilities.
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F. Paperwork Reduction Act
notice in the Federal Register concerning each proposed collection of information to solicit, among other things, comment on the necessity of the information collection and its estimated burden...
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Section 1630.9(b)
cannot enter into the employer's or other covered entity's decision regarding hiring, discharge, promotion, or other similar employment decisions, unless the accommodation would impose an undue...
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TYPES OF REASONABLE ACCOMMODATIONS RELATED TO JOB PERFORMANCE
The discussions and examples in this section assume that there is only one effective accommodation and that the reasonable accommodation will not cause undue hardship....
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1. Adoption of the 2010 ADA Standards for Accessible Design
To minimize compliance burdens on entities subject to more than one legal standard, these design standards have been harmonized with the Federal standards implementing the Architectural...