entities, there may be legitimate reasons why in a particular situation some of these new and developing auxiliary aids may not be available, may be prohibitively costly (thus supporting 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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Telecommunications. (Section-by-Section Analysis)
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3. The Legislative History of the ADA
Such advances may require public accommodations to provide auxiliary aids and services in the future which today would not be required because they would be held to impose undue burdens...
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PURPOSE AND LEGAL AUTHORITY
manner that ensures federal employees with disabilities have comparable access to and use of such information and data relative to other federal employees, unless doing so would impose an undue...
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It appears that the accessibility standards may result in lots of chargers in ADA spaces not being used or “stranded assets.” Was this issue addressed in development of the standards?
The requirements were developed to provide full compliance with federal and California accessibility law without placing an excessive burden on the property owners....
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D. FINDINGS ON THE MERITS
The City contends, in the alternative, that even if Kirola had satisfied her burden of demonstrating Article III standing, she would not prevail on the merits....
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F. Impact on small entities
and if so, the Department will prepare an initial regulatory flexibility analysis analyzing the economic impacts on small entities and regulatory alternatives that reduce the regulatory burden...
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15. Must an employer provide reasonable accommodation so that an employee may attend training programs?
formats, such as braille, large print, or on audio- cassette) that will provide employees with disabilities with an equal opportunity to participate in employer-sponsored training, absent undue...
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13. Does an employer have to provide a reasonable accommodation to an applicant with a disability even if it believes that it will be unable to provide this individual with a reasonable accommodation on the job?
qualified applicant with a disability that will enable the individual to have an equal opportunity to participate in the application process and to be considered for a job (unless it can show undue...
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5. Reassignment to a Vacant Position
accommodation of reassignment should be considered only when an accommodation is not possible in an employee's present job, or when an accommodation in the employee's present job would cause an undue...
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VI. 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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Reasonable Accommodation
make a reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability unless it can show that the accommodation would cause an undue...
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5. Do Title II and Section 504 apply to the programs, services, and activities of family courts?
Courts are required to provide auxiliary aids and services when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.60 For example...
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OVERVIEW
communication skills of the person who is deaf or hard of hearing; or --doing so would fundamentally alter the nature of the law enforcement activity in question or would cause an undue...
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Equipment and furniture.
program, or activity so that, when viewed in its entirety, each is readily accessible to and usable by individuals with disabilities, subject to a defense of fundamental alteration or undue...
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Covered Content on Primary Web Sites
carrier choice also expressed the view that fewer compliance options would inhibit carrier innovation and use of new technologies, limit Web site utility for all passengers, and result in an undue...
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Provisions of the Final Rule
to avoid discrimination on the basis of disability unless making the modifications (1) would fundamentally alter the nature of the service, program, or activity, or (2) would result in undue...
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B. Legal foundation for equipment and furniture coverage
, when viewed in its entirety, the service, program, or activity is readily accessible to and usable by individuals with disabilities, subject to a defense of fundamental alteration or undue...
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Section 1194.3 General Exceptions (Preamble, Section-by-Section Analysis)
The AFB commented that fundamental alteration is not an appropriate factor to include in this rule since the statute provides undue burden as the proper protection and allowing a fundamental...
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Play areas. (Section-by-Section Analysis)
accessible facility unless the public entity can demonstrate that providing the accessible facility would result in a fundamental alteration in the nature of its program or activity or in undue...
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A. Impact on small entities
and if so, the Department will prepare an initial regulatory flexibility analysis analyzing the economic impacts on small entities and regulatory alternatives that reduce the regulatory burden...
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Executive Order 13563 (Improving Regulation and Regulatory Review) and Executive Order 12866 (Regulatory Planning and Review)
Executive Order 13563 directs agencies to propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs; tailor the regulation to impose the least burden...
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Executive Order 13563 (Improving Regulation and Regulatory Review) and Executive Order 12866 (Regulatory Planning and Review): Preliminary Regulatory Assessment
Executive Order 13563 directs agencies to propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs; tailor the regulation to impose the least burden...
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Visitability
They burden public budgets, particularly through increased institutionalization of people unable to remain in their homes when mobility problems occur....
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4. Flexible Leave Policies
not required to provide additional paid leave as an accommodation, but should consider allowing use of accrued leave, advanced leave, or leave without pay, where this will not cause an undue...
