The provisions of these paragraphs are aimed primarily at abuses in the placement process that result from misuse of, or undue or misplaced reliance on, standardized scholastic aptitude...
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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25. Evaluation and placement
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Actions which Constitute Discrimination
Refusing to make reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability, unless the accommodation would pose an undue...
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ADA Title I: Employment
made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue...
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14. Does an employer have to provide reasonable accommodation to enable an employee with a disability to have equal access to information communicated in the workplace to non-disabled employees?
When the employer installs upgraded computer equipment, it must provide new adaptive equipment in order for the employee to be integrated into the new networks, absent undue hardship....
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3. Testimony of Class Members
Kirola argues that she may satisfy her burden of demonstrating standing based on the experiences of persons other than herself; to wit, class members. Dkt. 672, 13:22-14:3....
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Q2: What is the Amendments Act?
As members of Congress explained, "The ADA Amendments Act rejects the high burden required [by the Supreme Court] and reiterates that Congress intends that the scope of the Americans with...
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A. Final Regulatory Assessment (EO 12866)
Orders 13563 and 12866 direct 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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Section 1630.6 Contractual or Other Arrangements
For example, an employer cannot avoid its responsibility to make reasonable accommodation subject to the undue hardship limitation through a contractual arrangement....
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Section 1630.11 Administration of Tests
employer or other covered entity would, thereupon, have to provide a test with higher contrast, schedule a retest, or provide any other effective accommodation unless to do so would impose an undue...
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5.5(d) Information that May Be Requested on Application Forms or in Interviews
Since the individual with a disability has the responsibility to request an accommodation and the employer has the responsibility to provide the accommodation (unless it would cause an undue...
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25. Is a probationary employee entitled to reassignment?
She is entitled to a reassignment if there is a vacant position for which she is qualified and it would not pose an undue hardship....
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LEGAL REQUIREMENTS
For additional information on reasonable accommodation, see Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the ADA at http://www.eeoc.gov/policy/docs/accommodation.html...
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David New, Plaintiff, v. Lucky Brand Dungarees Stores, Inc., d/b/a Lucky Brand Jeans, Defendant - Statement of Interest of the United States of America
As described below, those requirements include, absent a fundamental alteration or undue burden defense, providing auxiliary aids and services in accessible formats, in a timely manner,...
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C. Eligibility Criteria
services in mass care shelters to accommodate people with disabilities who are not medically fragile but need some assistance with daily living activities unless doing so would impose an undue...
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ADA Title III: Public Accommodations and Commercial Facilities Fact Sheet
services, segregated or otherwise treated differently from others, unless it can be shown that taking such steps would alter the fundamental nature of the benefit or would result in an undue...
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Sections 35.171, 35.172, and 35.190--Streamlining Complaint Investigations and Designated Agency Authority (Section-by-Section Analysis)
These proposals will reduce the administrative burdens associated with implementing the statute and ensure that the Department retains the flexibility to allocate its limited enforcement...
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1.1. Purpose and Need for Rule and Scope of Regulatory Assessment
captioning and audio description at all times and for all showings whenever movies are produced, distributed, or otherwise made available with such features unless to do so would result in an undue...
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Issues Related to the Interactive Process and Return to Work
accommodation; possible alternative accommodations that might effectively meet the employee's disability-related needs; and whether any of the accommodations would cause an undue...
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III-4.4200 Readily achievable barrier removal
This standard also requires a lesser degree of effort on the part of a public accommodation than the "undue burden" limitation on the auxiliary aids requirements of the ADA....
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Section 1630.2(j)(1)(iv) Individualized Assessment Required, But With Lower Standard Than Previously Applied
This will make the disability determination an appropriate threshold issue but not an onerous burden for those seeking to prove discrimination under the ADA. Id....
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b) Library Program
Kirola has failed to carry her burden of proving that the City's library program, when considered in its entirety, fails to provide program access for mobility-impaired persons....
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3.4 Some Basic Principles of Reasonable Accommodation
If it would be an undue hardship to install an elevator for an employee who uses a wheelchair, the employer must provide a comparable facility on the first floor....
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B. EFFECTIVE COMMUNICATION
auxiliary aids and services, when needed for effective communication with qualified persons with disabilities in all Town programs, services and activities, except where doing so imposes an undue...
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VI. CERTIFYING STATE ACCESSIBILITY CODES
When these laws are inconsistent, the burden falls on building owners and design professionals to ensure compliance with both federal and state laws....