ADA_Reasonable_Accomodation_Policy.pdf
PDF 405 KB Posted
- Attached to
- ADA Transition Plan Review and Consolidation
- Solicitation number
- 25-024
- Issued by
- Jefferson County, Weston CDP, Colorado
About this file
The document is the Americans with Disabilities Act (ADA) Reasonable Accommodation Policy for the City of Wheat Ridge, Colorado. The policy outlines the city's commitment to making reasonable modifications in policies, practices, and procedures to avoid discrimination based on disability. The policy requires the city to enter into an interactive process with qualified individuals who have or disclose a disability to identify appropriate reasonable accommodations. These modifications will be granted to the extent possible, unless the city can demonstrate that such changes would fundamentally alter the nature of a service, program, or activity.
The policy clarifies that the city is not required to provide personal devices like wheelchairs, individually prescribed devices such as eyeglasses or hearing aids, readers for personal use, or personal services like assistance with eating, toileting, or dressing. The city may impose legitimate safety requirements, but these must be based on actual risks, not on stereotypes or generalizations about individuals with disabilities. The policy also specifies that the city is not obligated to provide accommodations to individuals who are considered disabled solely under the "regarded as" prong of the disability definition.
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Text version
THE AMERICANS WITH DISABILITIES ACT (ADA)
REASONABLE ACCOMODATION POLICY
It is the policy of the City of Wheat Ridge to make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability.
The City of Wheat Ridge will, upon the request of a qualified individual who is known to have, or who discloses, a disability (as defined by the Americans with Disabilities Act title I regulations, §1630.2 Definitions), enter into an interactive process to identify an appropriate reasonable accommodation for that individual. Requests for modifications in policies, practices, or procedures will be granted to the extent possible, unless the City of Wheat Ridge can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.
The City of Wheat Ridge is not required to provide a reasonable modification to an individual who meets the definition of “disability” solely under the “regarded as” prong of the definition of disability. Nothing in the Americans with Disabilities Act Part 35 regulations provides the basis for a claim that an individual without a disability was subject to discrimination because of a lack of disability, including a claim that an individual with a disability was granted a reasonable modification that was denied to an individual without a disability.
The City of Wheat Ridge may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. However, the City of Wheat Ridge will ensure that its safety requirements are based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
ADA Part 35 regulations do not require the City of Wheat Ridge to provide to individuals with disabilities personal devices, such as wheelchairs; individually prescribed devices, such as prescription eyeglasses or hearing aids; readers for personal use or study; or services of a personal nature including assistance in eating, toileting, or dressing.
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