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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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