Disability Law Index - Public Entities: Reasonable Modifications / Fundamental Alteration

Regulation:

28 C.F.R. § 35.130(b)(7)

A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.

42 U.S.C. § 12201(h) - Construction - Reasonable accommodations and modifications

A covered entity under subchapter I, a public entity under subchapter II, and any person who owns, leases (or leases to), or operates a place of public accommodation under subchapter III, need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of disability in section 12102(1) solely under subparagraph (C) of such section.

 

Case Law:

Wong v. Regents of the Univ. of Cal., 192 F.3d 807 (9th Cir. 1999).

  • Because the issue of reasonableness depends on the individual circumstances of each case, this determination requires a fact-specific, individualized analysis of the disabled individual's circumstances and the accommodations that might allow him to meet the program's standards.
  • Mere speculation that it is unreasonable falls short of this requirement. There is a duty to gather sufficient information from the disabled individual and qualified experts as needed to determine what accommodations are necessary.