Friday, April 1, 2011

What Does Reasonable Accommodation and Modification Mean?

The answer is found in the Americans with Disabilities Act Amendment Act of 2008 (ADA).

          Title 42 - The Public Health and Welfare
              Chapter 126 - Equal Opportunity for Individuals with Disabilities
              Subchapter IV - Miscellaneous Provisions
              Section 12201 Construction
                  (h) Reasonable accommodations and modifications
                   A covered entity under subchapter I, a public entity under subchapter II,
                   and any persons 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.

So, what we have here in the Amendment Act is a more specific definition of handicap, and if one is so handicapped, the requirement for a reasonable accommodation and/or modification is presented.  How does this work in the real world? First the handicapped individual must inform the entity of their handicap and make some suggestion that work.  The building owners must tell them what he can do.  At that point there will result in the meeting of the minds and all will be well. 

We have gotten involved in a few of these decisions and they always come to a resolution.

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