Accessibility Quick Tip: What is Meant by Fundamental Alteration for Your Library’s Accessibility

Fundamental alteration refers to a situation in which modifying a technology, service, or product to make it accessible would change its essential nature or core functionality. In the context of technology accessibility, this concept is crucial when organizations assess whether they can implement accessibility features without significantly altering the intended use or function of a product or service.

Key Points About Fundamental Alteration:

Essential Nature of the Product/Service:

• The core purpose or function of the technology must be maintained. If making the technology accessible would change how it fundamentally operates or what it is designed to do, it may be considered a fundamental alteration.
• For example, if a software program is designed to provide real-time data processing in a very specific format, and accessibility modifications would alter the format to the extent that the data is no longer useful for its intended purpose, this could be deemed a fundamental alteration.

Legal Context:

• Under laws like the Americans with Disabilities Act (ADA), organizations are required to make reasonable accommodations unless doing so would result in a fundamental alteration of the service or product.
• The burden of proof is on the organization to demonstrate that the required changes would indeed constitute a fundamental alteration.

Examples of Fundamental Alteration:

• Interactive Simulations: In educational software, if a key learning tool is an interactive simulation that requires certain sensory inputs (e.g., visual or auditory), making the software accessible to individuals with those specific disabilities might alter the simulation to the point where it no longer serves its educational purpose.
• Specialized Equipment: A device designed for specific medical diagnostics might rely on highly specialized interfaces that cannot be modified without losing accuracy or reliability, making accessibility modifications impractical without altering its fundamental use.

Balancing Accessibility and Core Functionality:

• The goal is to make technology as accessible as possible while still retaining its intended function. Organizations must carefully consider whether alternative methods or auxiliary aids can provide similar access without requiring a fundamental alteration.
• For example, if making an application fully accessible would fundamentally alter its primary function, the organization might explore alternative ways to provide the same or equivalent service to users with disabilities.

Documentation and Justification:

• Just like with undue burden, organizations must document why a particular accessibility modification would result in a fundamental alteration. This documentation should include a detailed analysis of how the proposed changes would impact the technology’s core functionality.

Exploring Alternatives:

• Even if a fundamental alteration is determined, organizations are still responsible for exploring and providing alternative accommodations that achieve similar outcomes without altering the essential nature of the product or service.
• This could include providing a different product, service, or experience that is equally effective for users with disabilities.

Documentation:

When an organization needs to document a claim of fundamental alteration—the assertion that making a specific modification would change the essential nature of a product, service, or operation—it must do so in a clear, thorough, and well-supported manner. Here’s how an organization can document this claim effectively:

Detailed Description of the Modification

• Outline the Proposed Change: Clearly describe the specific modification that is being requested or considered. This might involve altering the design of a website, changing a product feature, or modifying a service.
• Explain the Purpose: Describe the intended outcome of the modification and how it would serve users, including those with disabilities.

Explanation of the Fundamental Nature of the Product or Service

• Identify Core Functions: Clearly define the essential functions or characteristics of the product, service, or operation. What are the primary objectives or goals it serves?
• Essential Nature: Explain why the identified functions are fundamental to the product or service. What makes them core to its identity or purpose?

Analysis of the Impact

• Describe the Impact on Core Functions: Explain how the proposed modification would alter or impair the fundamental functions of the product, service, or operation. Be specific about how the change would interfere with its essential nature.
• Provide Examples: Use concrete examples or scenarios to illustrate the extent of the alteration. Show how the core aspects would be compromised by the change.

Supporting Evidence

• Technical and Operational Evidence: Include technical documents, expert opinions, or operational analyses that support the claim that the modification would result in a fundamental alteration.
• Comparative Analysis: If possible, compare the impact of similar modifications in other contexts to demonstrate how they have altered or compromised fundamental aspects elsewhere.

Consideration of Alternatives

• Explore Less Disruptive Options: Document the consideration of alternative modifications or accommodations that would not fundamentally alter the product or service. This shows that the organization has thoroughly explored all options before making the claim.
• Justify Rejection of Alternatives: Explain why less disruptive alternatives were deemed insufficient or still led to a fundamental alteration.

Legal and Compliance Review

• Incorporate Legal Standards: Reference relevant laws, regulations, or guidelines that define fundamental alteration in the context of accessibility. Show how your analysis aligns with these standards.
• Consultation with Legal Experts: Include statements or evaluations from legal experts, if applicable, to strengthen the documentation and ensure compliance with legal requirements.

Communication and Transparency

• Document Communication Efforts: Keep records of any communications with stakeholders, including employees, customers, or advocacy groups, regarding the fundamental alteration claim.
• Transparency in Decision-Making: Ensure that the documentation process is transparent and that all relevant stakeholders understand the reasoning behind the claim.

Review and Approval Process

• Internal Review: Document the internal review process, including who reviewed the claim and how the decision was made.
• Approval Documentation: Ensure that the final decision is formally documented, with signatures or approvals from authorized personnel within the organization.

By following these steps, an organization can build a strong, well-documented case for a fundamental alteration claim, demonstrating that it has carefully considered the request while balancing legal, operational, and accessibility obligations.

Fundamental alteration in technology accessibility is about maintaining the balance between making a product or service accessible and preserving its essential purpose. While organizations are encouraged to implement accessibility features wherever possible, there are instances where doing so may change the fundamental nature of the product or service. In such cases, careful documentation, alternative solutions, and a clear justification are necessary to comply with legal and ethical standards.

Resources:

OIT Speaker Series: June 11, 11:00 a.m. – Fundamental Alteration, Undue Burden and Direct Threat

• Slides: Fundamental Alteration, Undue Burden and Direct Threat
• Recording: Fundamental Alteration, Undue Burden and Direct Threat
• Transcript: Fundamental Alteration, Undue Burden and Direct Threat

WC3 Web Accessibility Initiative: WCAG 2 Overview

8 CCR 1501-11 Technology Accessibility Rules – OIT (Colorado Governor’s Office of Information Technology)

Plain Language Guide to the State Technology Accessibility Rules – OIT (Colorado Governor’s Office of Information Technology)

OIT Technology Accessibility Rulemaking Factsheet – OIT (Colorado Governor’s Office of Information Technology)

How To: Document Undue Burden, Fundamental Alteration or Direct Threat – OIT (Colorado Governor’s Office of Information Technology)