An undue burden is a requirement of Title II or Title III of the Americans with Disabilities Act (ADA) that would cause a significant difficulty or expense if carried out. This means that a state or local government or its agencies, or a business or nonprofit organization covered by the ADA, does not have to provide an auxiliary aid or service, or a modification, if providing it would cause a significant administrative or financial difficulty. Undue burden is similar to undue hardship under Title I (employment).
When deciding whether something is an undue burden, you have to look at several factors. These factors include the overall cost involved in light of the entire organization and any parent organization, and the operation and nature of the organization. If an auxiliary aid or service is an undue burden, the organization must look for an effective alternative. For example, if a small, private museum cannot afford to provide a sign language interpreter for a museum tour on short notice, a written copy of the tour guide’s script might be an alternative.
About Reasonable Accommodations in the Workplace
An important aspect of Title I of the ADA is the idea of a reasonable accommodation. An accommodation is a change in the way an employee works, or in the equipment supplied to an employee
What Is the Americans with Disabilities Act?
The ADA defines disability and has five titles (sections) that forbid a wide range of discrimination.
The Rehabilitation Act of 1973 has several sections that mandate civil rights for people with disabilities. It covers the federal government and federal contractors and subcontractors.
About Effective Communication in Title II and Title III
Effective communication is important, and this article explains the rules for achieving it under Title II and Title III of the Americans with Disabilities Act (ADA).
The ADA and Title II Public Entities
The ADA ensures access by people with disabilities to buildings, facilities, programs, services, and activities offered by state and local governments.
Ask About the ADA
- Job Coaches as a Reasonable Accommodation
Q: I am a vocational rehabilitation counselor. A large retail store told me that due to COVID-19 restrictions, they cannot accept any job applicants who will need a job coach as a reasonable accommoda...
- Camping Accommodations
Q: We have a campground available for people attending an outdoor concert. A patron called and asked if they could have electricity at their tent site as they use a CPAP machine at night. We do not us...
- Garbage Pick Up
Q: My town agreed to come onto my property to pick up the garbage, as I cannot do any heavy lifting. I asked if they could also pick up my bagged yard waste but they refused and cited that it is again...
- Accommodations and Job Training
Q: I am a vocational counselor. I referred a customer for training, but the training provider would not accept the customer because he is dyslexic, and they did not have the dedicated staff available...
- How long should it take to get a reasonable accommodation for my job?
The regulations from the Equal Employment Opportunity Commission (EEOC) do not specify how long the reasonable accommodation process should take. However, the process should be accomplished as quickly...
- Leave as a Reasonable Accommodation—The EEOC Weighs In
February 25, 2016
Shared from the US Equal Employment Opportunity Commission website. Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act Leave Permitting the...
- The ADA and Collective Bargaining Issues
January 08, 2016
This brochure was written by Laurie M. Johnston, Esq., Harris, Beach & Wilcox, Ithaca, New York. What is the Americans with Disabilities Act? The Americans with Disabilities Act ("ADA"), passed...
- Employers and the ADA: Myths and Facts
February 18, 2016
This material was published by the US Department of Labor Office of Disability Employment Policy. The Americans with Disabilities Act (ADA) is a landmark federal law that protects the rights of peopl...
- Can I ask for reassignment as a reasonable accommodation?
January 29, 2016
Taken from the EEOC Enforcement Guidance:Reasonable Accommodation and Undue Hardship Under the American's with Disabilities Act The ADA specifically lists "reassignment to a vacant position" as a form...
- Explainer: Accessible Absentee Voting in NYS
May 10, 2022
Joe Zesski of the Northeast ADA Center explains the role technology can play in accommodating voters with disabilities. It's the law in New York state that voters must be permitted to vote privately...
- KTF Enterprises and Kirker Enterprises to Settle EEOC Disability Lawsuit for $175,000
April 15, 2020
The EEOC's lawsuit charged KTF and Kirker with violating federal law when they refused to accommodate three factory workers with disabilities employed at the factory that KTF Enterprises operated at t...
- Ask the Department of Justice (DOJ): Open Question and Answer Session
May 16, 2018
Tuesday, June 12th, 2018 2:00 PM EDT - 3:30 PM EDTDo you have a burning question regarding the non-discrimination in programs and services provisions of the ADA? Is there a policy or procedural issue...
- Dependable Health Services to Pay $38,000 to Settle EEOC Disability Discrimination Suit
January 17, 2018
Dependable Health Services Inc., a health care staffing agency, will pay $38,000 and furnish significant equitable relief to settle a disability discrimination lawsuit brought by the U.S. Equal Employ...
- Wayne Farms to Pay $175,000 to Settle EEOC Lawsuit for Disability Discrimination
May 20, 2020
In a settlement with the Equal Employment Opportunity Commission, Wayne Farms, one of the nation's largest poultry producers, settled charges that the company capped the number of allowable absences r...
- CRST to Pay $47,500 to Settle EEOC Disability Discrimination and Retaliation Lawsuit Over Service Animal Refusal
March 20, 2019
In the lawsuit, the EEOC charged that CRST violated federal law when it failed to accommodate, refused to hire and then retaliated against a truck driver applicant, a Navy veteran, because he used a s...