Which term refers to a significant difficulty or expense under Titles II and III?

Which term refers to a significant difficulty or expense under Titles II and III?

• A. Direct threat
• B. Readily achievable
• C. Undue burden
• D. Auxiliary aids or services

Answer: (C)

Undue burden is the term used to describe a significant difficulty or expense in providing a modification or service to ensure access under Titles II and III. When evaluating a requested accommodation, the entity weighs factors like the nature and cost of the modification, the overall resources of the organization, the number of employees, the impact on operations, and the effect on other services. If implementing the modification would impose an undue burden, the entity should seek alternative accommodations that still provide access, rather than deny it. This concept contrasts with safety-related limits (direct threat) and with readily achievable barrier removal, which applies when removing barriers can be accomplished easily with little or no burden. Auxiliary aids or services are types of accommodations that might be provided, but the key idea here is the threshold of significant difficulty or expense, which defines an undue burden.

Undue burden is the term used to describe a significant difficulty or expense in providing a modification or service to ensure access under Titles II and III. When evaluating a requested accommodation, the entity weighs factors like the nature and cost of the modification, the overall resources of the organization, the number of employees, the impact on operations, and the effect on other services. If implementing the modification would impose an undue burden, the entity should seek alternative accommodations that still provide access, rather than deny it. This concept contrasts with safety-related limits (direct threat) and with readily achievable barrier removal, which applies when removing barriers can be accomplished easily with little or no burden. Auxiliary aids or services are types of accommodations that might be provided, but the key idea here is the threshold of significant difficulty or expense, which defines an undue burden.