Fundamental alteration: Overview, definition, and example
What is fundamental alteration?
Fundamental alteration refers to a significant or substantial change that disrupts the core nature, purpose, or structure of a product, service, or process. In legal contexts, particularly in civil rights and disability law, the term is often used to describe a modification or accommodation that would alter the essence of a service or program to such an extent that it would no longer function as originally intended. A fundamental alteration is generally considered unreasonable because it goes beyond what is necessary or appropriate to meet the needs of individuals or groups while still maintaining the integrity of the original offering.
For example, under the Americans with Disabilities Act (ADA), a business is required to make accommodations for individuals with disabilities unless doing so would result in a fundamental alteration of the service or program.
Why is fundamental alteration important?
Fundamental alteration is important because it serves as a legal safeguard to ensure that businesses, organizations, and governments are not required to make changes that would undermine the integrity or core purpose of their offerings. It provides a balance between making accommodations or adjustments for people with disabilities or special needs while ensuring that these accommodations do not completely change the nature of the service, product, or program in a way that makes it unfeasible, inefficient, or no longer viable.
The concept helps prevent undue hardship for organizations while ensuring that individuals with specific needs are not excluded from essential services or programs. It also helps establish boundaries for what types of changes or adjustments are reasonable.
Understanding fundamental alteration through an example
Imagine a museum that is required to provide wheelchair access. While the museum must make reasonable adjustments to provide accessibility, such as installing ramps or providing accessible bathrooms, the museum could argue that requiring an elevator to reach certain exhibit areas would constitute a fundamental alteration. If the exhibit areas are designed with stairs as an essential part of the experience, adding an elevator might change the nature of the museum in a way that is impractical or significantly alters its design and purpose.
In another example, a university might be required to provide accommodations for students with disabilities. If a student requests a particular classroom configuration that involves significantly restructuring the entire course schedule or curriculum, the university might argue that fulfilling the request would be a fundamental alteration, as it would change the structure of the course to an extent that undermines its integrity or purpose.
An example of fundamental alteration clause
Here’s how a clause about fundamental alteration might appear in a legal agreement or contract:
“The Service Provider is required to make reasonable accommodations for individuals with disabilities, provided that such accommodations do not result in a fundamental alteration of the service or program. If any accommodation would alter the core nature of the service, the Service Provider shall propose alternative solutions that align with the purpose of the program without causing undue disruption.”
Conclusion
The concept of fundamental alteration helps to protect the integrity and viability of services, programs, and products while ensuring that individuals with disabilities or special needs receive reasonable accommodations. It prevents the requirement of changes that would significantly disrupt the function or purpose of a service, offering a balance between inclusion and practicality. By understanding when a change would constitute a fundamental alteration, businesses and organizations can provide meaningful accommodations while maintaining the core values and objectives of their offerings.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.