Certification and Licensing
Many public entities license or certify individuals and businesses such as nurses, drivers, realtors and day care providers. A person with a disability cannot be denied licensure or certification if the person meets the essential eligibility requirements. The phrase "essential eligibility requirements" is critical because licensing programs usually require applicants to demonstrate specific skills, knowledge, and abilities. Public entities must make sure the requirements are necessary for the safe operation of the program and are not based on stereotypes or assumptions.
Examples
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The county agency that oversees the Morticians Licensing Act requires that morticians be physically mobile. Unless the agency can show that physical mobility is essential for the safe operation of the business, the requirement discriminates against potential morticians with mobility disabilities.
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A state prohibits the licensing of transportation companies that employ people with missing limbs as drivers. Many individuals who have missing limbs are "qualified" to perform the essential functions of the job, because they are able to drive safely with hand controls. The State's licensing requirements violate Title II.
Title II Regulation 28 § 35.130
General prohibitions against discrimination:
(b)(6) A public entity may not administer a licensing or certification program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability, nor may a public entity establish requirements for the programs or activities of licensees or certified entities that subject qualified individuals with disabilities to discrimination on the basis of disability. The programs or activities of entities that are licensed or certified by a public entity are not, themselves, covered by this part.
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