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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.
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.
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