Undue Burden or Fundamental Alteration (Section-by-Section Analysis) This section proposes to retain the provisions in existing 508 Standards §§ 1194.3(e) and 1194.2(a)(1), but would...
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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E202.5 Undue Burden or Fundamental Alteration (Section-by-Section Analysis)
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§35.164 Duties
This subpart does not require a public entity 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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G.6.i. - What is the undue burden exception?
Agencies do not have to acquire EIT that meets the applicable technical provisions if doing so would impose an undue burden on the agency....
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G.6.ii. - Why isn't undue burden more completely defined in the regulations?
Undue burden was defined by the Access Board consistent with the terms "undue burden" and "undue hardship" in the Rehabilitation Act and the Americans with Disabilities Act....
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G.6.iii. - Can "significant expense" be established simply by demonstrating that a product that meets the applicable technical provisions is significantly more expensive than one that does not?
In determining whether acquisition of EIT that meets all or part of the applicable technical provisions of the Access Board's standards would impose an undue burden, an agency must consider...
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G.6.iv. - What should be included in the undue burden determination?
The documentation must clearly explain why meeting the applicable technical provisions imposes an undue burden....
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G.6.vi. - May an agency shift the responsibility for making undue burden determinations to vendors (i.e., by requiring interested sources who offer EIT that meets the applicable technical provisions to explain why the purchase of such EIT would not impose an undue burden?
The responsibility for making an undue burden determination rests with the agency....
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G.6.vii. - What are the historical financial threshold and circumstances that appear to satisfy the courts relative to "undue burden" justifications by the government?
Undue burden cases are unique and require an examination of resources on a case- bycase basis....
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G.7.i. - Are procurement actions to maintain existing legacy systems (that do not meet the technical provisions of the Access Board's standards) exempt from Section 508?
In some cases, an exception, such as undue burden, might apply. As noted above, however, undue burden determinations must be made on a case-by-case basis....
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A. ADA Basics for Emergency Management
.6 The ADA generally does not require state or local emergency management programs to take actions that would fundamentally alter the nature of a program, service, or activity or impose undue...
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§ 36.303(g)(10)
does not require the use of open movie captioning as a means of compliance with paragraph (g) of this section, even if providing closed movie captioning for digital movies would be an undue...
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Section 36.303(g)(2) General
See 28 CFR 36.104 (defining undue burden and listing factors to be considered in determining whether an action would result in an undue burden)....
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Section 36.303(g)(10)
“[t]his section does not require the use of open movie captioning as a means of compliance with paragraph (g), even if providing closed movie captioning for digital movies would be an undue...
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44. Can an employer deny a request for leave when an employee cannot provide a fixed date of return?
However, if an employer is able to show that the lack of a fixed return date causes an undue hardship, then it can deny the leave....
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H.7 - Are hand held devices (palm tops, cell phones) covered by Section 508?
products that meet the Section 508 standards, subject to applicable exceptions such as "fundamental alteration (see Section 1194.3(e)), "commercial availability" (see Section 1194.2(b)), and "undue...
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D. Reasonable Modifications
operators to make reasonable modifications to policies, practices, and procedures when necessary to avoid discrimination.9 A reasonable modification must be made unless it would impose an undue...
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E202.5 Undue Burden or Fundamental Alteration
Where an agency determines in accordance with E202.5 that conformance to requirements in the 508 Standards would impose an undue burden or would result in a fundamental alteration in the...
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E202.5.1 Basis for a Determination of Undue Burden
In determining whether conformance to requirements in the 508 Standards would impose an undue burden on the agency, the agency shall consider the extent to which conformance would impose...
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E202.5.2 Required Documentation
The responsible agency official shall document in writing the basis for determining that conformance to requirements in the 508 Standards constitute an undue burden on the agency, or would...
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E202.5.3 Alternative Means
Where conformance to one or more requirements in the 508 Standards imposes an undue burden or a fundamental alteration in the nature of the ICT, the agency shall provide individuals with...
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Issue: "Grandfather" Clause or Small Entity Exemption
city governments are not required to take any action that would result in a fundamental alteration to the nature of the service, program, or activity in question or that would result in undue...