Self Advocacy Guide: Reasonable Accommodations in Public Places

This resource a general guide for people with disabilities and their families. It is not legal advice. For legal advice on your specific situation, please talk with a lawyer.

What is a Reasonable Accommodation?

A reasonable accommodation to a policy or procedure is a change to help someone with a disability enjoy equal access to public spaces offered by private businesses or government entities. For example:

• Changes to testing in higher education, like extra time on an exam or a quiet room

• Changing a private business’s admission price so a personal care attendant can come in for free

• Communication changes, like having an ASL interpreter or large print documents

What if my request is denied or ignored?

The business or government office must talk to you about your request within a reasonable amount of time. It’s against the law for them to ignore an accommodation request. They don’t have to grant the specific accommodation you ask for, but they do have to participate in an “interactive process,” or a good-faith discussion with you, as part of their decision.

Businesses or government offices can deny a reasonable accommodation request if they believe it would be an “undue burden” or “fundamental alteration.”

• An “undue burden” means a reasonable accommodation causes significant difficulty or expense. For example, a small business with low profits might not be able to afford an expensive ASL interpreter. In this example, though, the business should still work with the person to find another solution for good communication.

• A “fundamental alteration” means the accommodation would substantially and unreasonably change how a service or product is offered. For example, a university may say that a pre-Law student asking them to waive Logic class, when it is a core requirement, would be a fundamental alteration. In this example, the university might not have to waive the class, but it should offer the student accommodations needed to take and pass the class -- like extra time on tests or attendance flexibility.

Will the business or government punish me for making this request?

It’s against the law to retaliate against, or coerce, anyone who has asked for an accommodation, or accused someone of violating the ADA. It’s also against the law to retaliate against, or coerce, someone who has helped or encouraged anyone else to look for protection under nondiscrimination law.

“Retaliation” means looking for revenge against someone else. “Coercion” means trying to make someone else do what you want by forcing or threatening them.

What are my complaint options if a public place discriminates against me?

If you believe you were discriminated against in a public place because of your disability, you may make a complaint with Wisconsin’s Equal Rights Division (ERD). You can read Wisconsin’s law prohibiting discrimination in places of public accommodation or amusement here: Wisconsin Statute §106.52. The ERD has information about this law on their website: Discrimination in Public Places of Accommodations or Amusement. You can also find the complaint form on ERD’s website: ERD-10241-E, Discrimination Complaint - Public Accommodation or Amusement. This complaint form must be notarized before you send it in.

You may also file a complaint with the U.S. Department of Justice (DOJ) if you believe your rights under the ADA were violated. Visit DOJ’s website to learn more about filing a federal complaint: File a Complaint | ADA.gov.