Thread Subject: Re: Undue Burden Definition

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From: Tom Brett
Date: Fri, Jun 01 2007 9:30 AM

I have posted the following recommended rewording to this definition to the
working copy of the definition of Undue Burden

Undue burden means significant difficulty or expense. In determining whether
an action would result in an undue burden, an agency must determine the
scope of the initiative and must consider all resources available to the
program or component for which the product is being developed, procured,
maintained, or used.

I would also think that when an agency approves an undue burden exception
they should post that information on the public agency web site.

Tom Brett


-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Baker, Robert
C.
Sent: Friday, June 01, 2007 11:19 AM
To: = EMAIL ADDRESS REMOVED =
Subject: [teitac-subparta] Undue Burden Definition

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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