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

Which term denotes 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 that denotes a significant difficulty or expense under Titles II and III. In practice, organizations governed by Titles II (public entities) and III (public accommodations) must make reasonable modifications and remove barriers where readily achievable. If implementing a requested modification would create a significant difficulty or cost—considering factors like the nature and cost of the accommodation, the organization’s resources, the number of employees, and the impact on operations—that can be deemed an undue burden. In such cases, the entity is not required to implement the modification, but it should explore alternatives that would still provide access without imposing that level of hardship. Direct threat refers to safety risks that could justify denying services. Readily achievable is a standard for barrier removal that is easily accomplished with little effort or expense. Auxiliary aids or services are the accommodations themselves, not the standard describing cost or difficulty.

Undue burden is the term that denotes a significant difficulty or expense under Titles II and III. In practice, organizations governed by Titles II (public entities) and III (public accommodations) must make reasonable modifications and remove barriers where readily achievable. If implementing a requested modification would create a significant difficulty or cost—considering factors like the nature and cost of the accommodation, the organization’s resources, the number of employees, and the impact on operations—that can be deemed an undue burden. In such cases, the entity is not required to implement the modification, but it should explore alternatives that would still provide access without imposing that level of hardship.

Direct threat refers to safety risks that could justify denying services. Readily achievable is a standard for barrier removal that is easily accomplished with little effort or expense. Auxiliary aids or services are the accommodations themselves, not the standard describing cost or difficulty.