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Undue burden

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.

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Ask About The ADA

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    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...
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Blog Posts

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    This brochure was written by Laurie M. Johnston, Esq., Harris, Beach & Wilcox, Ithaca, New York. For a more extensive review of the topic see a publication entitled "The Reasonable  Acco...
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    This material was published by the US Department of Labor Office of Disability Employment Policy-link to http://www.dol.gov/odep/pubs/fact/ada.htm The Americans with Disabilities Act (ADA) is a landma...
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    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...
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    It’s that time of year that many of us take advantage of the summer weather and “head to the shore” for some R&R. Given that, we wanted to take a minute to remind stakeholders...

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