[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR37.8]

[Page 396-397]
 
                             TITLE 29--LABOR
 
PART 37--IMPLEMENTATION OF THE NONDISCRIMINATION AND EQUAL OPPORTUNITY PROVISIONS OF THE WORKFORCE INVESTMENT ACT OF 1998 (WIA)--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 37.8  What are a recipient's responsibilities regarding reasonable accommodation and reasonable modification for individuals with disabilities?

    (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

[[Page 397]]

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.