This triad of injury in fact, causation, and redressability constitutes the core of Article III's case-or-controversy requirement, and the party invoking federal jurisdiction bears the 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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2. Standing
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29. Admission and recruitment
This was not the intent of the provision and, therefore, it has been amended to place the burden on the Assistant Secretary for Civil Rights, rather than on the recipient, to identify alternate...
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§35.105 Self-evaluation (Section-by-Section Analysis)
This approach has the benefit of minimizing paperwork burdens on small entities....
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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...
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V. REMEDIAL ACTIONS
programs, and activities of the SCDC on an equal basis with other inmates unless to do so would result in a fundamental alteration in the nature of the service, program, or activity or in undue...
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A. Accessibility standards to apply to websites of covered titles II and III entities
Is there a difference in compliance burdens and costs between the two standards? Please explain your answer. Question 3....
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Chapter 1: Background
We sought to identify evidence in the literature that would provide insight into the burden that setup has to the performance of independent transfers Our goal was to evaluate the specific...
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5. Qualified handicapped person
Certain commenters urged that the definition of qualified handicapped person be amended so as explicitly to place upon the employer the burden of showing that a particular mental or physical...
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3. Alternative Regulatory Approaches: Automated Announcement Systems
The Access Board thus used other available information and considerations – such as analyzing NTD annual data – to tailor a VOMS threshold that reduces the burden of the automated announcement...
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Information That May Be Requested in Post-Offer Examinations or Inquiries
accommodation was available that would enable this person to perform the essential job functions without a significant risk to health or safety, or that such an accommodation would cause undue...
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Costs and Benefits
And some theaters may not provide closed captioning and audio description for all their movies because it would be an undue burden under the ADA to do so. ...
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COMPLIANCE WITH TITLE III OF THE ADA
to the United States, under Paragraph 21, that obtaining or providing conforming Third-Party Content would fundamentally alter the nature of its goods and services or would result in an undue...
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Hold and release of unsold accessible seating. (Section-by-Section Analysis)
The Department is aware that this rule may require some administrative changes but believes that this process will not create undue financial and administrative burdens....
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Using the Conditions for an Exception in FSORAG
If making a new or renovated recreation area accessible adds to the cost, the increase cannot be seen as an "undue financial burden."...
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ADA Business BRIEF: Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings
A hospital need not provide communication aids or services if doing so would fundamentally alter the nature of the goods or services offered or would result in an undue burden....
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Hold-and-release of unsold accessible seating. (Section-by-Section Analysis)
The Department is aware that this rule may require some administrative changes but believes that this process will not create undue financial and administrative burdens....
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1. Public Right-of-Way
Again, however, Kirola offered no further details regarding the severity of the alleged bumps and uneven surfaces she encountered, or any alleged burden imposed by having to take an alternative...
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Kiosk at Non-Airport Locations
We believe requiring airlines to meet the accessibility standard for kiosks located in non-airport venues would add significantly to their compliance burden and divert resources needed to...
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Prevention of fraud in purchase of accessible seating. (Section-by-Section Analysis)
Some commenters raised concerns that allowing venues to ask questions to determine whether individuals purchasing accessible seating are doing so legitimately would burden individuals with...
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Sections 35.108(d)(3) and 36.105(d)(3)—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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Prevention of fraud in purchase of accessible seating. (Section-by-Section Analysis)
Some commenters raised concerns that allowing venues to ask questions to determine whether individuals purchasing accessible seating are doing so legitimately would burden individuals with...
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Section 37.73 Purchase or Lease of Used Non-Rail Vehicles by Public Entities Operating a Fixed Route System
It is the Committee's expectation that as the number of buses with lifts increases, the burden on the transit authority to demonstrate its inability to purchase accessible vehicles despite...
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Senate Approval
Hatch warned that the government was a potentially “oppressive” institution and said that it was unfair to burden small businesses with the costs of implementation without placing any of...