Fundamental Alteration
Section 188 of the Workforce Investment Act of 1998 defines the term
"fundamental alteration" as "a change in the essential nature of a program or
activity," or "[a] cost that [the covered entity] can demonstrate would result
in an undue burden." Factors to be considered in determining "undue burden" are
similar to those for determining undue hardship. See
29 CFR 37.4.