Thread Subject: Undue Burden Definition

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From: Baker, Robert C.
Date: Fri, Jun 01 2007 9:20 AM

The WIKI states the following recommendation has been made

SUGGESTED REWORDING RECEIVED THROUGH COMMENTS: Undue Hardship mean significant difficulty or expense relative to the operation of a public entity's program. Where a particular accommodation would result in an undue hardship, the public entity must determine if another accommodation is available that would not result in an undue hardship. Source - DOJ Technical Assistance Manual, Sec II-4.3200 (Comment received after May 3, 2007 meeting- suggestion has not been considered at this time).

Robert Baker's comments:

How is "significant expense" calculated?
§ Against the Agency's overall budget?
§ Against the Agency's program budget under which the item is being procured?
§ Against the Agency's component budget under which the program is being managed?
§ Against the Agency's approved technology budget under which the item is being purchased?
§ What constitutes "significant"?
§ Does it matter whether the budget ceiling is externally imposed on the agency?

How is "significant difficulty" determined?
§ Based on technical feasibility? In which case - wouldn't commercial non-availability or fundamental alteration apply?
§ Based on impact to carrying out the mission of the agency or program? If Congress has mandated that certain program activities must be completed in a certain way or by a certain date, and EIT is required to address the Congressional mandate, and the agency cannot procure or implement Section 508 compliant EIT within the restrictions placed upon the agency by Congress, would this represent a "significant difficulty"

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