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...
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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A. Preliminary Regulatory Impact Analysis (Executive Order 12866)
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Section 36.303(g)(1) Movie Theater
the longstanding general requirement under § 36.303 to provide effective communication unless doing so would be a fundamental alteration of the program or service or would constitute an undue...
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I. Ensuring Compliance Now and In the Future
The actual number of curb ramps installed in any given year may be limited by fiscal constraints, consistent with the fundamental alteration and undue burden limitations discussed in Chapter...
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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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Implementation Approach and Schedule
They recommended that all Web site pages be compliant by six months after the effective date, except for certain legacy pages and content that would pose an undue burden to convert....
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Department of HHS Dear Colleague Letter: Guidance and Resources for Electronic Information Technology: Ensuring Equal Access to All Health Services and Benefits Provided Through Electronic Means
health programs or activities provided by covered entities through electronic or information technology must be accessible to individuals with disabilities unless doing so would result in undue...
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Comments to the NPRM
objected to the proposal that the head of an entity, or his designee, would be required to make the decision that a requested modification was a fundamental alteration or would result in an undue...
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III-4.3200 Effective communication
Of course, if S is unreasonably demanding or is shopping when the store is extremely busy, it may be an undue burden to spend extended periods of time reading price and product information...
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Section 35.150(b)(2) Safe harbor (Section-by-Section Analysis)
Others noted that title II's ‘‘undue financial and administrative burdens'' and ‘‘fundamental alteration'' defenses eliminate any need for further exemptions from compliance....
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Equipment and furniture. (Section-by-Section Analysis)
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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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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Section 37.131 Service Criteria for Complementary Paratransit Service Area
The cost of service provided within such an expanded corridor can be counted in connection with an undue financial burden waiver request....
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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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2.3(b) Job Analysis and the "Essential Functions" of a Job
currently is performed, but should not conclude that ability to perform the job in that manner is an essential function, unless there is no other way to perform the function without causing undue...
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382.10 How does a U.S. or foreign carrier obtain a determination that it is providing an equivalent alternative to passengers with disabilities?
Alternatives that provide less accessibility than the provisions of the rule, or that impose greater burdens on passengers with disabilities, cannot be considered an equivalent alternatives...
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17. Tests and selection criteria
In addition, §104.13(a) has been revised to place the burden on the Assistant Secretary, rather than the recipient, to identify alternate tests....
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§35.130(b)(8) (Section-by-Section Analysis)
Paragraph (b)(8) also prohibits policies that unnecessarily impose requirements or burdens on individuals with disabilities that are not placed on others....
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ADA25: #19 of 25 -- K-12
The school must adhere to such requests then discuss undue burden or find other ways to meet the student's needs to ensure effective communication happens....
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2. Job Restructuring
morning might be rescheduled to be performed later in the day, if an individual has a disability that makes it impossible to perform this function in the morning, and this would not cause an undue...
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13. Notice
At the same time, we have avoided imposing requirements on small recipients (those with fewer than fifteen employees) that would create unnecessary and counterproductive paper work burdens...
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Safe harbor.
As a result of this flexibility, the Department believes that the program accessibility requirement as it is codified in the current regulation may appropriately mitigate any burdens on...
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III-4.1100 General
This policy places an unnecessary burden on persons who have disabilities that prevent them from obtaining driver's licenses....
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Element-by-element safe harbor for public accommodations. (Section-by-Section Analysis)
These commenters argued that such a burden is not justified where many of the affected entities already have retrofitted to meet the 1991 Standards....