Why isn’t undue burden more completely defined in the regulations?
Undue burden was defined by the Access Board consistent with the terms “undue burden” and “undue hardship” in the Rehabilitation Act and the Americans with Disabilities Act. The preamble to the Board’s rule included an extended discussion of the term (see 65 FR 80500, at page 80506, December 21, 2000). Substantial case law provides further guidance to agencies in the application of the undue burden exception. The Access Board chose not to disturb the existing understanding of the term by trying to redefine it. The FAR rule also follows this approach.
