No, an employer cannot claim undue hardship solely because a reasonable accommodation would require it to make changes to property owned by someone else....
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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Commonly Searched Documents
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46. Can an employer claim undue hardship solely because a reasonable accommodation would require it to make changes to property owned by someone else?
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12. Does an employer have to grant every request for a reasonable accommodation?
An employer does not have to provide an accommodation if doing so would be an undue hardship....
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43. Must an employer modify the work hours of an employee with a disability if doing so would prevent other employees from performing their jobs?
modifying one employee's work hours (or granting leave) is to prevent other employees from doing their jobs, then the significant disruption to the operations of the employer constitutes an undue...
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Other Cost Issues
When enacting the ADA "factors" for determining undue hardship, Congress rejected a proposed amendment that would have established an undue hardship if an accommodation exceeded 10% of an...
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Executive Summary
burden or a fundamental alteration. ...
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Purpose of Proposed Rule
segregated or otherwise treated differently * * * because of the absence of auxiliary aids and services” unless they can show that doing so would result in a fundamental alteration or undue...
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§1630.15(d) Charges of not making reasonable accommodation
It may be a defense to a charge of discrimination, as described in §1630.9, that a requested or necessary accommodation would impose an undue hardship on the operation of the covered entity's...
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1630.15(d)
It may be a defense to a charge of discrimination, as described in section 1630.9, that a requested or necessary accommodation would impose an undue hardship on the operation of the covered...
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I. Executive Summary
[See subsections ...]
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Effective Communication
Many people with disabilities are prevented from participating fully in programs, activities and services because of communication difficulties. To address this, the ADA requires...
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2. The ADA Title III Regulation
As stated above, a public accommodation is relieved of its obligation to provide a particular auxiliary aid (but not all auxiliary aids), if to do so would result in an undue burden or a...
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B. Title III's Implementing Regulation
burden. 28 CFR 36.303(a)....
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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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GENERAL PRINCIPLES
[See subsections ...]
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3. Modified Work Schedules
Modified Work Schedules An employer should consider modification of a regular work schedule as a reasonable accommodation unless this would cause an undue hardship....
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Swimming pools. (Section-by-Section Analysis)
Other commenters pointed out that the undue financial and administrative burdens defense already provided public entities with a means to reduce their scoping requirements....
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B. Whether the City May Assert an Undue Burden Defense With Respect to New Construction or Alterations Under Title II of the ADA and Section 504 of the Rehabilitation Act
Whether the City May Assert an Undue Burden Defense With Respect to New Construction or Alterations Under Title II of the ADA and Section 504 of the Rehabilitation Act The City's Seventh...
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REASONABLE ACCOMMODATION RELATED TO THE BENEFITS AND PRIVILEGES OF EMPLOYMENT
The discussions and examples in this section assume that there is only one effective accommodation and that the reasonable accommodation will not cause undue hardship....
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Employment Today - Chapter 7 - Undue Hardship
Employment Today - Chapter 7 - Undue Hardship (by the California Department of Rehabilitation)...
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A. Purpose and Objective of the Final Rule Relative to Movie Theaters Categorized as Small
captioning and audio description whenever these theaters exhibit digital movies produced, distributed, or otherwise made available with such features unless to do so would result in an undue...
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Title II Public Entity Facilities Compliance Timetable
7-26-1990 Signing of the Americans with Disabilities Act of 1990 by President George Bush. 2-28-1991 Draft Regulations issued by the Department of Justice for...
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Sec. 12143. Paratransit as a complement to fixed route service. [Section 223]
[See subsections ...]
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Phase I: Education and Labor Committee
burden on business.62 By working together, the two congressmen were able to help craft legislation that would be acceptable to both sides of the aisle and foster a level of bipartisanship...
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3.1 Overview of Legal Obligations
a reasonable accommodation to the known physical or mental limitations of a qualified applicant or employee with a disability unless it can show that the accommodation would impose an undue...
