Department acknowledges both the importance of integrated, full access to play areas for children and parents with disabilities as well as the need to avoid placing an untenable fiscal 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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Reduced scoping for play areas and other recreation facilities. (Section-by-Section Analysis)
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National Council on Independent Living
Their argument has always been that providing the lowest transfer heights would be an extraordinary expense and burden on the business community (their consumer), not based on how it benefitted...
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A. Coverage issues
., could such a requirement impose additional burdens and if so, what are they)? Should a different requirement be imposed on small business owners? If so, why?...
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Section 35.151(c) Accessibility Standards for New Construction and Alterations (Section-by-Section Analysis)
To avoid placing the burden of complying with both standards on public entities, the Department will coordinate a government-wide effort to revise federal agencies' section 504 regulations...
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Section 35.160 Communications (Section-by-Section Analysis)
This burden is misplaced. ...
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I. Executive Summary
Revised the discussion of the ‘‘regarded as prong’’ in §§ 35.108(f) and 36.105(f) to clarify that the burden is on a covered entity to establish that, objectively, an impairment is ‘‘transitory...
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Two-tiered definitional approach. (Section-by-Section Analysis)
claims that it cannot make reasonable modifications to its policies, practices, or procedures to permit the use of other power-driven mobility devices by individuals with disabilities, the burden...
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Safety Assistants/Attendants
disabilities, for the most part, are the best judges of their capabilities, and providing broad discretion to carriers to override that judgment does carry with it a significant risk of arbitrary burdens...
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d. Estimated Cost of Compliance for Small Entities
The Department seeks comment and data on what, if any, particular requirement of this rule would cause a small business to claim that it is an undue burden to comply with the requirements...
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7.4. Costs to Impacted Small Entities
theaters with auditoriums exhibiting digital movies—including any firms with less than $100,000 in annual revenue— continue to have available to them the individualized and fact-specific undue...
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Section 36.303(g)(3) Minimum Requirements for Captioning Devices
of devices sufficient to provide accessibility to the disability community (based on relevant factors such as device usage, demand, and weekend theater attendance) while minimizing the burden...
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Ticket Agent Web sites
proposal as a viable trade-off for small entities in lieu of Web site conformance, saying that such businesses expect to have personal interaction with consumers anyway, so any additional burden...
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Location of accessible routes to stages. (Section-by-Section Analysis)
Consequently, those commenters who expressed concern about the burden imposed by the revised requirement (i.e., where the stage is constructed with no direct circulation path connecting...
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2. Justification for Applying WCAG 2.0 to Non-Web ICT
, the Board believes that applying WCAG 2.0 outside the web browser environment not only ensures greater accessibility for persons with disabilities, but also minimizes the incremental burden...
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V. Enforcement and Termination
In any dispute regarding compliance with any provision of this Agreement, Harris County will bear the burden of demonstrating that it is in compliance with this Agreement....
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Location of accessible routes to stages. (Section-by-Section Analysis)
Consequently, those commenters who expressed concern about the burden imposed by the revised requirement (i.e., where the stage is constructed with no direct circulation path connecting...
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§35.130 General Prohibitions Against Discrimination
For example, it may constitute an undue burden for a public accommodation, which provides a full-time interpreter in its special guided tour for individuals with hearing impairments, to...
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3. Testing and Labeling of Electronic Respiratory Assistive Devices
Industry commenters as well as some consumers said that the burden of testing should be shifted away from the carriers....
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A. Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures
Executive Order 13563 directs 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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Bullying and Harassment
For example, any separation of the targeted student from an alleged harasser should be designed to minimize the burden on the targeted student’s educational program (for example, not requiring...
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Companions who are individuals with disabilities. (Section-by-Section Analysis)
language is overbroad, seeks services for individuals whose presence is neither required by the public accommodation nor necessary for the delivery of the services or good, places additional burdens...
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Sections §§ 35.108(d)(1)(vii) and 36.105(d)(1)(vii)—Comparison of Individual’s Performance of Major Life Activity Usually Will Not Require Scientific, Medical, or Statistical Analysis
In passing the Act, Congress rejected the idea that the disability determination should be ‘‘an onerous burden for those seeking accommodations or modifications.’’ See 154 Cong. Rec....
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Safe harbor for qualified small businesses. (Section-by-Section Analysis)
Business groups also expressed significant concern about the recordkeeping burdens they viewed as inherent in the Department's proposal....
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Regulatory Process Matters
Exemptions are provided by statute for national security systems and for instances where compliance would impose an undue burden on an agency....