accessibility or providing auxiliary aids and services to ensure adequate communication and participation, unless doing so would result in a fundamental alteration to the nature of the program or 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.
Filters
Commonly Searched Documents
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Application
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Reassignment
because of a disability, can no longer perform the essential functions of his/her current position, with or without reasonable accommodation, unless the employer can show that it would be an undue...
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Introduction and Purpose
functional limitation impedes such job performance, an employer must take steps to reasonably accommodate, and thus help overcome the particular impediment, unless to do so would impose an undue...
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27. Is an employer's obligation to offer reassignment to a vacant position limited to those vacancies within an employee's office, . . . or geographical area?
limiting the obligation to reassign only to positions within an office, branch, agency, etc.(85) Rather, the extent to which an employer must search for a vacant position will be an issue of undue...
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A. Final Regulatory Assessment (EO 13563 and 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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Ticket transfer. (Section-by-Section Analysis)
Although the Department is sympathetic to concerns about administrative burden, curtailing transfer rights for accessible seating when other ticket holders are permitted to transfer tickets...
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Section 36.403 Alterations: Path of Travel
that this safe harbor strikes an appropriate balance between ensuring that individuals with disabilities are provided access to buildings and facilities and mitigating potential financial burdens...
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4. "Overarching Policy"
Arreola involved an interlocutory review of a class certification order, and as such, the court focused on the allegations in the plaintiff's complaint to determine if he had satisfied his burden...
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2. New Construction and Alterations
Jan.12, 2006) ("[T]he burden is on plaintiffs to prove that the variance exceeds the allowed tolerance....
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Selection of Playgrounds
instances where locations on the playground were found to be in non-compliance with the accessibility or safety guidelines, the playground owner was to be informed and then carried the burden...
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Weight Scales
preliminary determination based on the preliminary regulatory assessment that the benefits of the proposed standards will justify the costs; that the proposed standards will impose the least burden...
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Ticket transfer. (Section-by-Section Analysis)
Although the Department is sympathetic to concerns about administrative burden, curtailing transfer rights for accessible seating when other ticket holders are permitted to transfer tickets...
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Section 1630.2(j)(4) Condition, Manner, or Duration
standard—one that is lower than the strict or demanding standard created by the Supreme Court in Toyota—will make the disability determination an appropriate threshold issue but not an onerous burden...
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3. The Department of Justice’s Regulatory Developments Reinforce that Netflix is a Public Accommodation
required a chain of movie theaters to exhibit movies with closed captioning and video description unless the theaters could show that to do so would amount to a fundamental alteration or undue...
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Issue 3: Is there a need for a different kind of Practice?
And the employer must provide them unless there is a substantial undue burden....
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III-4.6100 Examinations
required to provide auxiliary aids or services, unless it can demonstrate that offering a particular auxiliary aid or service would fundamentally alter the examination or result in an undue...
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Integration of inmates and detainees with disabilities. (Section-by-Section Analysis)
states that a public entity is not required to take ‘‘any action that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue...
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b. A written job description prepared before advertising or interviewing applicants for a job
with a disability may be qualified to perform the function if an accommodation would enable this person to perform the job in a different way, and the accommodation does not impose an undue...
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2. Business Necessity
person whose disability prevented manual keyboard operation, but who could meet the qualification standard using a computer assistive device, if providing this device would not impose an undue...
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"Light Duty" Jobs
Or, the office could be made accessible by widening the office door, if this would not be an undue hardship....
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3. New Construction vs. Alterations
The burden of proving technical infeasibility lies with the state or local government that constructed it. ...
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Section 35.151(b)(4)(ii)(C) Path of travel--safe harbor
believes that this safe harbor strikes an appropriate balance between ensuring that individuals with disabilities are provided access to buildings and facilities and potential financial burdens...
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Reach Ranges
process did not produce any significant data to indicate that applying the new unobstructed side-reach range requirement in new construction or during alterations would impose a significant burden...
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Executive Orders 12866 and 13563
only upon a reasoned determination that its benefits justify its costs (recognizing that some benefits and costs are difficult to quantify); (2) tailor its regulations to impose the least burden...