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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    01/28/2021- While COVID-19 was certainly one of the largest stories of 2020, other ADA items of note happened as well. Join the technical assistance team of the Northeast ADA Center as they review the year 2020....
  • ADA 101.2 Overview of Title I and Employment
    04/26/2021- This webinar is the third in the Northeast ADA's ADA 101 series. Intended for those new to the Americans with Disabilities Act or for those wanting a refresher, this webinar will focus on the employme...
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    03/26/2021- This presentation builds on the introduction to the Americans with Disabilities Act (ADA) given in the webinar ADA 101. Intended for those new to the ADA or for those wanting a refresher, this webinar...

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Help America Vote Act
Social media banner from the Northeast ADA Center with an image of a sandwich board sign. The sign says Vote Here, and it shows an American flag and a universal accessibility symbol. “If I have a disability, what does the Help America Vote Act of 2002 provide for me? A polling site must have a voting machine that provides an equal chance for me to vote privately and independently.”  Voter
ADA and accessible voting
Social media banner from the Northeast ADA Center showing people with disabilities in a gym; one of them holds a sign that says vote. Big text over the image says: “What does the Americans with Disabilities Act say about voting? Title II of the ADA requires state and local governments to make their programs accessible to people with disabilities through physical access and reasonable modifications. They must also provide auxiliary aids and services.”  Voter
Accessible polling sites for voters
Social media banner from the Northeast ADA Center that consists primarily of large text. The text says: “Do polling sites need to be accessible for people with disabilities?
Federal election polling sites must be physically accessible, or if this is not possible, a site must offer other ways of casting a ballot. This requirement is from the Voting and Accessibility for the Elderly and Handicapped Act of 1984.
Assistance to cast a vote
Social media banner from the Northeast ADA Center that consists primarily of large text. The text says: If I have a disability, can I have assistance to cast my vote?
The Voting Rights Act of 1965 permits a voter to have someone help them while voting. The only person not allowed to help is their employer, or an agent of their employer or union.
Essential Job Function
Social media graphic with a of a warehouse worker driving a cart. The text says: What is an essential job function under Title I of the ADA? It’s a job task central to a position that the employee must be able to perform with or without an accommodation.