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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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D. Effective Communication: Auxiliary Aids and Services
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COMMENTS
Others questioned if the tenant should be obligated to use alternative methods of barrier removal before the burden shifts....
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EXHIBIT A
demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue...
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§35.102 Application
activities, or services, and appropriate auxiliary aids and services whenever necessary to ensure effective communication, as long as the provision of the auxiliary aids results neither in an undue...
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§35.130(b)(2) (Section-by-Section Analysis)
For example, it may constitute an undue burden for a public accommodation, which provides a full-time interpreter in its special guided tour for individuals with hearing impairments, to...
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§35.102 Application (Section-by-Section Analysis)
activities, or services, and appropriate auxiliary aids and services whenever necessary to ensure effective communication, as long as the provision of the auxiliary aids results neither in an undue...
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Section 37.139 Plan Contents
or to be used to register ADA paratransit eligible individuals; a description of the documentation provided to each individual verifying eligibility; and a request for a waiver based on undue...
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Number of TTYs
Sharing a TTY among several call takers may result in undue delay in obtaining the TTY and connecting it to the answering position....
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Communication Issues for Employers with Maximum Leave Policies
leave as a reasonable accommodation for a disability, the employee should ask for it as soon as possible so that the employer may consider whether it can grant an extension without causing undue...
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34. Does an employer have to allow an employee with a disability to work at home as a reasonable accommodation?
modify its policy concerning where work is performed if such a change is needed as a reasonable accommodation, but only if this accommodation would be effective and would not cause an undue...
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Safe harbor and other proposed limitations on barrier removal.
The Department is concerned that the incremental changes in the 2004 ADAAG may place unnecessary cost burdens on businesses that have already removed barriers by complying with the 1991...
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11B-202.5 Alterations to qualified historic buildings and facilities
historic building or facility to achieve program accessibility would threaten or destroy the historic significance of the building or facility, fundamentally alter the program, or result in undue...
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C. ARTICLE III STANDING
The Court agrees that Kirola has failed to carry her burden of establishing standing by a preponderance of evidence with respect to the challenged programs, services and activities....
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Applicability to Carrier Web Sites
Some pointed out that this service is already required by Part 382 so compliance would not pose any additional burden....
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V. CONCLUSION
Nevertheless, even if Kirola had satisfied that threshold burden, the record does not support her contention that the City has failed to comply with its obligations under Title II of the...
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Fashioning a Durable ADA: The House of Representatives
The dynamic was also much different because business organizations, who had deep concerns about the cost burden and the litigation potential of the ADA, lobbied vigorously by applying constituent...
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Case Study #1: Auxiliary aids and services under Title II are different from special education and related services under the IDEA.
Because the CART services would not result in a fundamental alteration or in undue financial and administrative burdens, Tommy will receive CART services as an auxiliary service under Title...
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Section 1630.16(e) Infectious and Communicable Diseases; Food Handling Jobs
If there is an accommodation that will not pose an undue hardship, and that will prevent the transmission of the disease through the handling of food, the employer must provide the accommodation...
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Reporting
individual is being excluded to avoid a “direct threat” to health or safety that cannot be eliminated or reduced by reasonable accommodation, or that such an accommodation would cause undue...
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EMPLOYMENT
make reasonable accommodations for the known physical or mental limitations of a qualified applicant or employee with a disability upon request unless the accommodation would cause an undue...
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Reporting
individual is being excluded to avoid a “direct threat” to health or safety that cannot be eliminated or reduced by reasonable accommodation, or that such an accommodation would cause undue...
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Section 35.171 Acceptance of complaints. (Section-by-Section Analysis)
This amendment was intended to protect against the unnecessary backlogging of complaints and to prevent undue delay in an agency taking action on a complaint....
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1. Introduction
Introduction Access Now and Settling Defendants, as proponents of the class settlements, bear the burden of demonstrating that these Agreements represent a fair and reasonable resolution...
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D. Paperwork Reduction Act
Consistent with the PRA's requirements, the Department published a notice in the Federal Register on June 10, 2016, requesting public comment on the potential costs and burdens of this requirement...