Undue Burden: 508

Ensuring equal access for all, often isn’t a corporate value, but is seen as a legal obligation.  Plans to ensure accessibility are often seen as an undue burden even before one looks at the issue.  Leaders uninformed on how to make applications or Web sites accessible may think:

  • “It will take longer to develop an accessible application or web site;”
  • “It will cost more to ensure accessibility;” or
  • “The intranet or internal employee application has no one has a disability, so it isn’t important to take time or spend money to ensure accessibility.”

What is Undue Burden?

Undue burden is referenced in the 508 law and is defined in the Definitions section:

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

For people unfamiliar with the American’s with Disabilities Act or Section 504 or the Rehabilitation Act, this definition seems vague.  Advocates within an agency wanting to ensure equal accesses want a definitive definition to show leaders.

The term Undue Burden and Undue Hardship as defined in the 508 Standards is consistent with other Statutes like Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA).  Therefore, determining if an action is an Undue Burden organizations need to refer to the factors or considerations set forth by those standards.

To get somewhat a better idea of the meaning and what one must consider in determining what is an undue burden, the following excerpt from the ADA is provided.  Under Title III Public Accommodations of the ADA Undue Burden is defined in the Regulations: (28 C.F.R. § 36.104)

5. The term "undue burden" means: significant difficulty or expense. In determining whether an action would result in an undue burden, factors to be considered include:

a. The nature and cost of the action needed;

b. The overall financial resources of the site or sites involved in the action; the number of persons employed at the site; the effect on expenses and resources; legitimate safety requirements that are necessary for safe operation, including crime prevention measures; or the impact otherwise of the action upon the operation of the site;

c. The geographic separateness, and the administrative or fiscal relationship of the site or sites in question to any parent corporation or entity;

d. If applicable, the overall financial resources of any parent corporation or entity; the overall size of the parent corporation or entity with respect to the number of its employees; the number, type and location of its facilities; and

e. If applicable, the type of operation or operations of any parent corporation or entity, including the composition, structure and functions of the workforce of the parent corporation or entity. 28 C.F.R. § 36.104; 28 C.F.R. § 35.164.

Title I Employment of the ADA uses the term Undue Hardship rather than undue burden but the same type of considerations are expected.

Further discussion refer to the following: