(a) With regard to aid, benefits, services, training, and
employment, a recipient must provide reasonable accommodation to
qualified individuals with disabilities who are applicants,
registrants, eligible applicants/registrants, participants, employees,
or applicants for employment, unless providing the accommodation would
cause undue hardship. See the definitions of ``reasonable
accommodation'' and ``undue hardship'' in Sec. 37.4 of this part.
(1) In those circumstances where a recipient believes that the
proposed accommodation would cause undue hardship, the recipient has
the burden of proving that the accommodation would result in such
hardship.
(2) The recipient must make the decision that the accommodation
would cause such hardship only after considering all factors listed in
the definition of ``undue hardship'' in Sec. 37.4. The decision must be
accompanied by a written statement of the recipient's reasons for
reaching that conclusion. The recipient must provide a copy of the
statement of reasons to the individual or individuals who requested the
accommodation.
(3) If a requested accommodation would result in undue hardship,
the recipient must take any other action that would not result in such
hardship, but would nevertheless ensure that, to the maximum extent
possible, individuals with disabilities receive the aid, benefits,
services, training, or employment provided by the recipient.
(b) A recipient must also make reasonable modifications in
policies, practices, or procedures when the modifications are necessary
to avoid discrimination on the basis of disability, unless making the
modifications would fundamentally alter the nature of the service,
program, or activity. See the definition of ``fundamental alteration''
in Sec. 37.4 of this part.
(1) In those circumstances where a recipient believes that the
proposed modification would fundamentally alter the program, activity,
or service, the recipient has the burden of proving that the
modification would result in such an alteration.
(2) The recipient must make the decision that the modification
would result in such an alteration only after considering all factors
listed in the definition of ``fundamental alteration'' in Sec. 37.4.
The decision must be accompanied by a written statement of the
recipient's reasons for reaching that conclusion. The recipient must
provide a copy of the statement of reasons to the individual or
individuals who requested the modification.
(3) If a modification would result in a fundamental alteration, the
recipient must take any other action that would not result in such an
alteration, but would nevertheless ensure that, to the maximum extent
possible, individuals with disabilities receive the aid, benefits,
services, training, or employment provided by the recipient.
