Adjusting for Access: Reasonable Modifications in Policies, Practices, and Procedures

The fact that the regulations address these specific issues does not mean they are the only types of reasonable modifications that may be needed. There are countless examples of requests individuals with disabilities might make for adjustments to rules or changes in the way things are usually done, depending on the nature of programs or businesses.

These examples are based on technical assistance materials and regulatory analysis from the Department of Justice (DOJ):

• A department store may need to modify a policy of only permitting one person at a time in a dressing room, if an individual with a disability needs assistance from a companion.
• A town may need to grant a zoning variance to allow a business owner to install an entrance ramp that encroaches three feet into a normally required 12-foot set-back from the curb.
• A county may need to help an individual with a mental disability understand and complete a complex, lengthy application for social services, even though applicants are typically expected to complete the application on their own.

Fundamental Alteration

Requests only need to be granted if they are disability-related and “reasonable.” Modifications do not need to be made if they would compromise legitimate safety rules or “fundamentally alter” the essential nature of services or programs.

The DOJ provides some examples of fundamental alterations:

• A zoo would not need to permit a service dog in specific areas where the animals on display are the natural prey or natural predators of dogs, and the presence of a dog would cause the displayed animals to behave aggressively or become agitated.
• A museum would not be required to allow an individual who is blind to touch delicate works of art if the art would be damaged or its integrity threatened.

Often, finding the balance between reasonable modifications and fundamental alterations means understanding the nature of the services and programs in question. Again, these examples based on DOJ materials may be helpful:

• A restaurant is not required to prepare special dishes for customers who have disabilities. This would be a fundamental alteration in the nature of the restaurant’s services. However, if it is easy to omit a sauce or ingredient from a dish that is listed on the menu, a customer can request that the item be omitted. This would not be considered a fundamental alteration.
• A testing agency may be required to allow an individual to use a basic calculator during an exam even if test-takers are not typically allowed to do so. If the objective of the test is to measure one’s ability to solve algebra equations, and the ability to perform basic math computations (e.g., addition, subtraction, multiplication, and division), is secondary to the objective of the test, then a basic calculator may be an appropriate testing accommodation. If, however, the objective of the test is to measure the ability to perform math computations, then it likely would not be appropriate to permit the use of the calculator, as it could fundamentally alter the purpose of the test and the value of the test results.

Determining when, where, and how to implement appropriate modifications of policies and practices often necessitates a process of engagement and interaction between individuals with disabilities and the operators of programs and businesses.

Operators can get ahead of the curve by reviewing their policies, practices, and procedures to ensure they are meaningful and up-to-date. Training employees so they know and understand policies, as well as how to respond to requests from individuals with disabilities (which, in some cases, may mean contacting a supervisor or manager), is also important.

As always, contact us (800-949-4232) with your questions about the ADA. We’re here to help you understand your rights and responsibilities and find your answer.

The contents of this newsletter were developed under a grant from the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR grant number 90DP0089). NIDILRR is a Center within the Administration for Community Living (ACL), Department of Health and Human Services (HHS). The contents of this newsletter do not necessarily represent the policy of NIDILRR, ACL, HHS, and you should not assume endorsement by the federal government.