---
kind: "section"
citation: "29 C.F.R. § 1602.58"
title: "29"
number: "1602.58"
heading: "Consideration of exemption requests."
url: "https://uscodex.org/cfr/29/1602.58"
---

# §1602.58. Consideration of exemption requests.

- (a) The CDO, or the CDO's designee, will consider the facts and circumstances presented in each application, including but not limited to:
  - (1) The nature and extent of the filer's efforts to collect and retain the required information;
  - (2) The degree to which the filer attempted to anticipate and preempt any problems in collecting and retaining the required information;
  - (3) The filer's prior data reporting history, including whether the filer previously failed to submit a report or requested an exemption, and if so, whether such exemption was granted;
  - (4) The degree to which the circumstances are beyond the filer's control or are extraordinary; and
  - (5) The degree to which compliance has been rendered impracticable or impossible (e.g., due to natural disaster or data loss).
- (b) The filer bears the burden to demonstrate that the reporting requirement would result in undue hardship.
- (c) Circumstances that generally will not form the basis of a finding of undue hardship include, but are not limited to:
  - (1) A filer's number of establishments alone;
  - (2) A filer's lack of knowledge about the reporting requirements;
  - (3) Routine or purposeful data expungement by the filer or a third party; and
  - (4) A filer's failure to plan for adequate data security, maintenance, or transfer (e.g., data loss due to a change in vendor or employee succession where the filer or vendor failed to back up the data).

## Notes

### Source

Source: 90 FR 1877, Jan. 10, 2025, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 2000e-8, 2000e-12; 44 U.S.C. 3501 et seq.; 42 U.S.C. 12117; 42 U.S.C. 2000ff-6; 42 U.S.C. 2000gg-2.