The “disproportionate burden” clause within the EAA is designed to balance the goal of widespread accessibility with the practical limitations of some organizations for reasons of proportionality. In certain cases, the cost of compliance may be too high, in which case the economic operator may rely on this exception. The economic operator may use the following for its assessment:
The ratio of the costs of compliance to the overall costs of the economic operators.
The estimated costs and benefits in relation to the estimated benefits to persons with disabilities and the ratio of the net costs of compliance to the net turnover.
Companies need to analyze and assess whether this exception would apply, and document the assessment.