NAGE/SEIU (local) - Ed Exum, President

1/31/2001
NAGE/SEIU
Ed Exum, President

I recently was given the opportunity to review the revisions being proposed for the FAR Subsection 408 of title IV of the Workforce Investment Act of 1998. The subsection being revised deals with standards developed by the Architectural and Transportation Barriers Compliance Board (Access Board).

As the President of a NAGE local, a federal employee, and a Vietnam-era disabled veteran, I was pleased to have the opportunity to comment on the material. While the material by-in-large presented no significant problems for me, I am troubled by the phrases "undue burden" and "significant difficulty or expense".

In choosing the phrases "undue burden" and "significant difficulty or expense", it seems to me that the drafters of the revisions committed a fatal flaw. Such terms, without anchoring objective and measurable definitions, fail to provide any standard by which these terms can be objectively judged. Therefore I would recommend the revisions be redacted to provide clear and measurable standards enabling readers to determine what constitutes an "undue burden". In defining these terms it will be vital that consistency of definition and application be adhered to. Even within an Agency, there is no guarantee that without such definitions one standard would be applied to all.

Additionally, as written, the term "undue burden, defined as "significant difficulty or expense", omits a significant part of the equation. Missing is the phrase "appropriate arrangement". When considering whether an accommodation is an undue burden, I believe it must be weighed in terms of appropriate arrangements. If the accommodation is an appropriate arrangement to resolve an adverse impact on an employee's condition of work, the amount needed for it to be declared an undue burden must be raised accordingly. Therefore, the use of the phrase "significant difficulty of expense" unless balanced against the appropriateness of the arrangement to mitigate an adverse impact on conditions of work does not convey any true, objective or measurable meaning.

I hope you will consider these comments and work with the various stakeholders in making the revisions significant and useful. If you have any questions or concerns regarding this material, please feel free to email me, or call at 706-355-8495.