Is a city or a city assisted program required to modify its policies whenever requested in order to accommodate individuals with disabilities?
No. A public entity, or city assisted program must make only “reasonable modifications” in its policies, practices, or procedures to avoid discrimination. If the public entity, or city assisted program can demonstrate that a modification would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification. For example, where a municipal zoning ordinance requires a set-back of 12 feet from the curb in the central business district and, in order to install a ramp to the front entrance of a pharmacy, the owner requests a variance to encroach on the set-back by three feet, granting the variance may be a reasonable modification of town policy. On the other hand, where an individual with an environmental illness requests a public entity or city assisted program to adopt a policy prohibiting the use of perfume or other scented products by its employees who come into contact with the public, adopting such a policy is not considered a “reasonabl
Related Questions
- How will the City accommodate new immigrants or individuals with limited English speaking abilities who may not have a government-issued identification?
- Can the City hire individuals under the CalTrans, Career Opportunity and Development (COD) program, a federally-funded program?
- Is a court required to modify its policies whenever requested to accommodate individuals with disabilities?
