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2004 North Dakota Attorney General Reports and Opinions 1 (2004)

handle is hein.sag/sagnd0002 and id is 1 raw text is: LETTER OPINION 2004-L-01 January 2, 2004 Mr. Mike Ressler Information Technology Department 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Ressler: Thank you for your letter requesting my opinion regarding state and federal requirements governing web site accessibility. You also ask to what extent ITD may waive the accessibility standards found in current Information Technology Department (ITD) policy DP05-01, which incorporates W3C Web Content Guidelines.' The State, in both its capacity as an employer and as a provider of public services, is subject to the Americans with Disabilities Act (ADA). Under Title I of the ADA, the State, as an employer must make reasonable accommodations necessary to enable a qualified individual with a disability to perform the essential functions of a position unless doing so poses an undue hardship. See 42 U.S.C. § 12112. Under Title 1, the term undue hardship means an action requiring significant difficulty or expense, when considered in light of the following factors: (i) the nature and cost of the accommodation needed; (ii) the overall financial resources of the facility or facilities involved in providing the reasonable accommodation; the number of persons employed at the facility; the effect on epenses and resources, or the impact otherwise of such accommodation upon the facility's operation; (iii) the covered entity's overall financial resources; the overall size of the covered entity's business with respect to the number of its employees; the number, type, and location of its facilities; and (iv) the type of operation or operations of the covered entity, including the composition, structure, and functions of the entity's workforce; the geographic separateness, administrative, or fiscal relationship of the facility or facilities in question to the covered entity. 42 U.S.C. §12111(10). Employers need not analyze the costs and benefits of proposed accommodations with 1 The World Wide Web Consortium (W3C) is the international body of industry-leading corporations, individuals, and organizations that set the standards by which the World Wide Web operates. The W3C guidelines explain how to make Web content accessible to people with disabilities. A full copy of the guidelines may be found at http://www.w3.orq/TR/WAl-WEBCONTENT/.

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