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Disability Nondiscrimination Law Advisor

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.

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UNITED STATES
DEPARTMENT OF LABOR