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...
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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Section 36.403 Alterations: Path of Travel (Section-by-Section Analysis)
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III-7.2100 Equivalent facilitation
being "equivalent. " Proposed alternative designs, when supported by available data, are not prohibited; but in any title III investigation or lawsuit, the covered entity would bear the burden...
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Section 35.151(b)(4)(ii)(C) Path of travel—safe harbor (Section-by-Section Analysis)
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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Background
The NPRM sought to apply Part 382 to foreign carriers in a way that achieves the ACAA's nondiscrimination objectives while not imposing undue burdens on foreign carriers....
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List of Subjects for 28 CFR Part 36
Open movie captioning at some or all showings of movies is never required as a means of compliance with this section, even if it is an undue burden for a theater to exhibit movies with closed...
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II-8.2000 Self-evaluation
8) A public entity should review its policies to ensure that its decisions concerning a fundamental alteration in the nature of a program, activity, or service, or a decision that an undue...
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Work Areas (Preamble, Section-by-Section Analysis)
area, modifications in a particular work station could be instituted as a ‘‘reasonable accommodation’' to that employee if the modifications were necessary and they did not constitute an undue...
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Section 1630.15(b) and (c) Disparate Impact Defenses
may, in appropriate circumstances, have to consider the provision of leave to an employee with a disability as a reasonable accommodation, unless the provision of leave would impose an undue...
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Introduction
It is consistent with the EEOC's regulations enforcing Title I of the ADA, as well as the EEOC's 2002 Revised Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the...
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How can we address locations that do not have excess parking spaces and currently, cannot pass through plan check because the code says it’s now a “charging space” not a “parking space”? With the current requirements, you need more Van Accessible and ADA reserved parking spaces than required under code with the combination of EV charging and standard spaces. It puts an impossible burden on small parking lots in Irvine and San Diego which are strictly enforcing the interpretation of charging spaces.
RESPONSE: All work is required to comply with the applicable codes, standards and ordinances. Parking ordinances are typically adopted within each city and county in California....
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Who Is Eligible To Receive Testing Accommodations?
However, negative effects, such as side effects of medication or burdens associated with following a particular treatment regimen, may be considered when determining whether an individual...
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C. Costs and Benefits
The Board thus concludes that the potential benefits of the MDE Standards justify its potential costs; that the MDE Standards will impose the least burden on society, consistent with achieving...
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I. INTRODUCTION
Alternatively, even if Kirola had standing, she has failed to carry her burden of demonstrating, by a preponderance of the evidence, that the City has violated the ADA or any of the other...
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Section 36.304 Removal of Barriers (Section-by-Section Analysis)
These proposed additions are designed to mitigate financial burdens on covered entities, while at the same time ensuring that individuals with disabilities have access to existing facilities...
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a) Public Right-of-Way
evidence presented at trial showing the City's continuing progress toward program access, the Court finds that Hecker's 2009 program access conclusions, without more, fail to satisfy Kirola's burden...
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Side reach (Section-by-Section Analysis)
service providers regarding the possibility that pay telephones mounted at the lower height would not be used as frequently by the public to place calls, which would result in an economic burden...
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Side reach (Section-by-Section Analysis)
service providers regarding the possibility that pay telephones mounted at the lower height would not be used as frequently by the public to place calls, which would result in an economic burden...
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Seating Accommodations
passengers and carriers to communicate about accommodations as early as possible, the Department’s ACAA regulations and nondiscrimination policies have discouraged advance notice policies as an undue...
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A. POLICIES AND PROCEDURES
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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Work Areas (Section-By-Section Analysis and Response to Comments)
area, modifications in a particular work station could be instituted as a "reasonable accommodation'' to that employee if the modifications were necessary and they did not constitute an undue...
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Changes in Level within a Dwelling Unit
The commenters opposing the Department's interpretation stated that the Department's interpretation would place an undue burden on developers and needlessly increase housing costs for everyone...
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Public Postsecondary Schools
Schools do not have to make adjustments that would be a fundamentally alteration to a course, activity or degree requirement; or that would result in an undue financial or administrative...
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DOT Response
The transportation provider bears the burden of proof of demonstrating that any limitation on the accommodation of a wheelchair is based a legitimate safety requirement....
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Condition, Manner, or Duration Examples, Including Negative Effects of Mitigating Measures
The Department’s discussion in the NPRM preamble noted that such non-ameliorative effects could include negative side effects of medicine, burdens associated with following a particular...