Frequently Asked Questions about Reasonable Modifications

How do I contact the DES External ADA/504 Coordinator?

The Department External ADA/504 Coordinator is Renee Parker-Weathersby. She can be reached by:

Email: [email protected]
Phone: (602) 364-3976

What is the process to request a reasonable modification or barrier removal?

• The client should notify the DES employee working with them that they need a Reasonable Modification or barrier removal.
• Contact the DES Office of Equal Opportunity.
  
  • By Email: [email protected]
  • By Fax to (602) 364-3982
  • By Mail to:
    

    Office of Equal Opportunity
    P. O. Box 6123 - Mail Drop 1119
    Phoenix, AZ 85005-6123

  • By Phone: (602) 364-3976

What is the definition of disability under the ADA?

It is important to remember that in the context of the ADA, “disability” is a legal term rather than a medical one. Because it has a legal definition, the ADA’s definition of disability is different from how disability is defined under some other laws, such as for Social Security Disability related benefits.

The ADA defines a person with a disability as a person who has a physical or mental impairment that substantially limits one or more major life activity. This includes people who have a record of such an impairment, even if they do not currently have a disability. It also includes individuals who do not have a disability but are regarded as having a disability. The ADA also makes it unlawful to discriminate against a person based on that person’s association with a person with a disability.

What is considered an "undue hardship" for a reasonable modification?

An action that requires "significant difficulty or expense" in relation to the size of the organization, the resources available, and the nature of the operation. The concept of undue hardship includes any action that is unduly costly, extensive, substantial, disruptive, or would fundamentally alter the nature or operation of the business. Accordingly, whether a particular modification will impose an undue hardship must always be determined on a case-by- case basis.

What type of inquiries can be made about the use a service animal? 

To determine if an animal is a service animal, a public entity or a private business may ask a client two questions: 1) Is this animal required because of a disability? and 2) What work or task has this animal been trained to perform? These inquires may not be made if the need for the service animal is obvious (e.g., the dog is guiding an individual who is blind or is pulling a person’s wheelchair.)  A public entity or private business may not ask about the nature or extent of a client’s disability. They also may not require documentation, such as proof that the animal has been certified, trained or licensed as a service animal, or require the animal to wear an identifying vest.

Do businesses need to have a qualified interpreter on hand in order to communicate with me, as a hearing-impaired client?

Generally not, if employees are able to communicate with you using a pen and notepad and it is effective.  However, in situations where the exchange of information will occur over a long duration or the information being exchanged is complex, it may be necessary for the business to provide a qualified interpreter.  A business should discuss this with you to determine which auxiliary aid or service will result in effective communication for your case.  Because these services typically need to be prearranged, the business may ask you to come back at a later date and time to ensure that the interpreter and aid/service is available for you.

Is the Department responsible for providing auxiliary aids and services for disabled Clients?  What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals with hearing or vision impairments?

Yes, ADES must provide auxiliary aids and services for individuals with a disability as modifications for the programs offered. However, this does not include personal devices or services, such as eyeglasses, a wheelchair or readers for personal use or study. 

Appropriate auxiliary aids and services for individuals with hearing loss may include:

• qualified interpreters on-site or through video remote interpreting (VRI) services;
• notetakers;
• real-time computer-aided transcription services;
• written materials; exchange of written notes;
• telephone handset amplifiers;
• assistive listening devices;
• assistive listening systems;
• telephones compatible with hearing aids;
• closed caption decoders;

Is the Department responsible to pay for documentation of a client’s disability?

No, the client is responsible to see their doctor and provide any requested documentation to the correct program.

Does the Department have to provide the modification(s) requested by the client or the client's health care provider?

No. The Department may choose among effective modifications; however, the Department should work with the client to obtain necessary information to determine the type and nature of a reasonable modification. The Department does not have to choose the "best" modification, or the modification requested by the client.

How current should documentation of my disability be?

The best practice is to obtain the most up-to-date medical documentation in order to effectively process a modification request. Depending on the type and nature of the disability, information should be no less than three (3) years old. However, Departments must conduct individualized evaluations of documentation in each case. For example, certain disabilities may not change over time, making it unnecessary to obtain updated documentation.

What if a family member calls and request information or ask to be involved in the modification process for the client?

Access by family members to information about a client is limited by law.  Family members generally may not access information about a client without the client's consent (unless, for example, the client is a dependent of the family member).

What should a program do if questions arise regarding the validity of the documentation?

The program should obtain a written release from the client as part of the disability services intake process which allows the program representative to contact the health care provider directly.

What if I identify a DES Building that is not ADA complaint?

Contact the Department External ADA/504 Coordinator, Renee Parker-Weathersby, with the Office of Equal Opportunity by calling (602) 364-3976.

What is the definition of a wheelchair under the ADA?

A wheelchair is a manually operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor, or of both indoor and outdoor, locomotion.  Individuals with mobility disabilities must be permitted to use wheelchairs and manually powered mobility aids, i.e., walkers, crutches, canes, braces, or other similar devices designed for use by individuals with mobility disabilities, in any areas open to pedestrian traffic.

What is an “other power-driven mobility device” (OPDMD)?

An OPDMD is any mobility device powered by batteries, fuel, or other engines that is used by individuals with mobility disabilities for the purpose of locomotion, whether or not it was designed primarily for use by individuals with mobility disabilities. OPDMDs may include golf carts, electronic personal assistance mobility devices, such as the Segway® Personal Transporter (PT), or any mobility device that is not a wheelchair, which is designed to operate in areas without defined pedestrian routes. Covered entities must make reasonable modifications in their policies, practices, or procedures to permit individuals with mobility disabilities to use OPDMDs unless the entity can demonstrate that the class of OPDMDs cannot be operated in accordance with legitimate safety requirements adopted by the entity.