Beyond Compliance: Creating Innovative Win-Win Reasonable Accommodations and Modifications
Talley Wells, Executive Director,
North Carolina Council on Developmental Disabilities
2026 Virtual ADA Conference for State and Local Governments
State ADA Coordinator's Office
Georgia State Financing and Investment Commission
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Session Objectives
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Definition of Disability
42 U.S. Code § 12112 – Discrimination
(a)General rule
No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
(b)Construction
As used in subsection (a), the term “discriminate against a qualified individual on the basis of disability” includes—
. . . .
(5) (A)not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or
. . . . (emphasis added)
Title I (Employment) of the ADA: Reasonable Accommodations
42 U.S. Code § 12132 – Discrimination
[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
28 CFR § 35.130 General prohibitions against discrimination.
(a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.
....
(b)(7)
Title II (Public Entities) of the ADA: Reasonable Modifications
42 U.S. Code § 12182 - Prohibition of discrimination by public accommodations
(a)General rule
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.
. . . .
(2)Specific prohibitions
(A)Discrimination
For purposes of subsection (a), discrimination includes—
. . . .
(ii)a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations; (emphasis added)
Title III (Public Accommodations) of the ADA: Reasonable Modifications
What is win win?
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Poll Question
Which statement do you agree with the most about how important it is for accommodations to be beneficial for everyone, or the entity providing the accommodation?
Universal Design
Universal design (UD) is a strategy for making products, environments, operational systems, and services welcoming and usable to the widest range of people possible. The key principles of UD are simplicity, flexibility, and efficiency. Whether we realize it or not, most of us benefit from UD on a daily basis.
Originally developed in response to the needs of the aging population and people with disabilities, UD now increases access to products, places, and services for all populations. Companies that embrace UD in their facilities, programs, and services recognize that their workforce and customers have a broad range of abilities, ages, reading levels, learning styles, languages, etc.—and an even wider variety of needs and expectations.
Good customer service means providing every customer with a welcoming environment, respectful treatment, and needed information. This goes for the workforce as well. UD provides an important tool set for companies seeking to provide such advantages for both their customers and their employees.
UD is a lens through which every aspect of a business can be viewed, and a set of tools by which products, services, customer satisfaction, and employee attraction and retention can be improved. The principles of UD apply throughout the workplace, to products, services, the physical environment, communications, and technology.
-- United States Department of Labor Office of Disability Employment Policy
https://www.dol.gov/agencies/odep/program-areas/employment-supports/universal-design
Section508.Gov Infographic
https://www.section508.gov/blog/infographic-the-case-for-universal-design/
Concerns about Focusing on Win Win and Universal Benefits
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Be Careful!
Accommodations and modifications must effectively meet the individual's specific needs and are decided on a case-by-case basis through an interactive process, provided they do not cause undue hardship or fundamental alteration (look at each Title law for specific requirements).
Poll Question
What do you think of Artificial Intelligence (AI) for accommodations?
Artificial Intelligence (AI)
Potential Accommodations
Pros and Big Cons
AI Deaf/Hard of Hearing Accommodations | Pros | Big Cons |
Live AI Captioning | Essential for people hard of hearing and everyone in loud environments | Inaccuracy! Challenges with accents, technical jargon, |
ASL to Text Translation | Reduces costs, Bridges communication gaps in real-time | Lacks nuance and facial expression of human interpreters, accuracy |
Visual Sound Alerts | Converts fire alarms and doorbells to haptics/visual signals | Must work because critical to safety. |
Audio Cleaning/Enhancement | Isolates voice from background noise for hearing aid users | Can clip important ambient sounds |
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Let’s Talk Captioning
AI Captioning is almost never sufficient on its own to meet the "effective communication" standards required by the ADA.
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Not accurate Enough Yet!
The Department of Justice (DOJ) and the EEOC have clarified that for an accommodation to be "reasonable" and "effective," it must be accurate.
Artificial Intelligence (AI)
Potential Accommodations
Pros and Big Cons
AI Vision Accommodations | Pros | Cons |
Real Time Scene Description | Independence for navigation | AI can struggle with complex layouts or low-light; safety risk |
Alt-Text Generation | Makes digital content accessible | Can be generic or factually incorrect |
Handwriting to Speech | Read handwritten notes | Success depends on legibility of handwriting |
Smart Glasses | Hands free navigation and reading | High cost |
Artificial Intelligence (AI)
Potential Accommodations
Pros and Big Cons
AI Mobility and Physical Disability Accommodations | Pros | Cons |
Voice Control | Allows users to control lights, switches, and devices with voice | Sensitive to environmental noise and can trigger accidentally |
MaaS-Bridge platforms | Optimizes pickup/dropoff and traveling | Requires quality mapping of curbs and ramps |
Eye-Tracking Navigation | Allows computer/virtual reality use via gaze | Significant strain, challenging to use, requires sufficient eye gaze ability |
Exoskeleton Balance AI | Assists in walking/standing; reduces physical strain | High cost; extensive training needed. |
3. Infrastructure Mapping: Using AI-enabled cameras and data crowdsourcing, the platform maps obstacles that Google Maps often misses, such as steep slopes, broken pavement, or temporary construction barriers.
An AI-driven system designed to solve the "last-mile" connectivity gap for people with disabilities. It recently gained significant attention as a CES 2026 Best of Innovation award winner.
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MaaS-Bridge Platform (Mobility-as-a-Service Bridge)
“Smartphones have become the Swiss Army knives of technology . . .”
--Edward C. Baig, AARP
Poll Question
How often do you use an accommodation on your smart phone?
Mobile Phone Win-Win Accommodations
Screen Readers -- reads the screen or articles on the screen. Everyone can use while exercising, driving, or doing other tasks.
Magnification – allows small print to be increased in size. Everyone can read very small print, including menus and product codes.
Live Captioning – provides real-time captioning for apps, videos, podcasts, calls, and live activities. Everyone can follow along in loud spaces or when they cannot use sound.
Sound amplifier – filters background noise. Everyone can hear in loud places, such as airplanes and restaurants.
Live transcribe – allows full transcripts to be created. Everyone can have notes or searchable content from meetings.
Voice control – hands free use of different apps and aspects of smart phone. Everyone can use their phone more safely when their hands cannot be touching the phone such as in the car.
Eye Tracking – navigates with gaze. Everyone has a simpler way to use their phone.
Smart reminders – allows for tasks to be reminded at a certain time or location. Everyone needs a reminder!
Personalized Speech Recognition (PSR).
Technology for understanding atypical speech due to conditions like Cerebral Palsy, ALS, Stroke, or Down Syndrome use these tools to train specifically on one’s own voice.
Atypical Speech Recognition
Win/Win – Universal Design – Accommodations
Physical Environment & Mobility
Curb Cuts (Sidewalk Ramps): Essential for wheelchairs; vital for strollers, bicycles, and heavy rolling suitcases.
Automatic Doors: Helpful for mobility impairments; a lifesaver for anyone carrying groceries, holding a baby, or moving furniture.
Levers Instead of Doorknobs: Easier for people with arthritis; accessible for anyone whose hands are full or greasy (e.g., while cooking).
No-Step Entrances: Provides access for wheelchair users; prevents tripping hazards for seniors and children.
Wide Hallways and Doorways: Accommodates wheelchairs; makes moving large furniture and high-traffic flow much easier.
Lowered Counters: Accessible for wheelchair users and people of short stature; comfortable for children and safer for the elderly.
Handrails on Both Sides of Stairs: Provides stability for those with balance issues; increases safety for everyone in icy or wet conditions.
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Win/Win – Universal Design – Accommodations
Communication & Navigation
Clear, High-Contrast Signage: Assists people with low vision; helps tourists, children, and anyone in a hurry navigate unfamiliar spaces quickly.
Tactile Paving (Bumpy Sidewalk Strips): Warns blind pedestrians of traffic; serves as a non-slip surface and a visual "edge" indicator for everyone.
Pictograms and Icons: Breaks down barriers for those with cognitive disabilities; overcomes language barriers for non-native speakers.
Redundant Cueing (Visual and Auditory): A "ding" and a light for an elevator assists those with sensory impairments; ensures no one misses their floor while distracted.
Easy-to-Read Fonts and Simplified Language: Supports people with dyslexia or learning disabilities; improves clarity and reduces "cognitive load" for all readers.
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Workspace & Social Design
Flexible Work Schedules: Accommodates medical appointments or energy management; supports parents, students, and caregivers.
Quiet Zones/Sensory Rooms: Essential for neurodivergent individuals; provides a much-needed mental break for anyone feeling stressed or overstimulated.
Adjustable Lighting: Helps those with light sensitivity (migraines/autism); allows everyone to customize their environment for eye comfort.
Ergonomic Seating/Furniture: Necessary for those with chronic pain; prevents injury and increases productivity for the general workforce.
Inclusive Playgrounds: Designed for children with disabilities; encourages social interaction and empathy among all children.
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So . . . To Win/Win or Not to Win/Win?
What about Universal Design?
Going Forward
CONTACT INFORMATION
Talley Wells, Esq.
Executive Director
North Carolina Council on Developmental Disabilities