Eligibility Criteria
Public entities may not use eligibility criteria that screen out or tend to screen out people with disabilities unless the eligibility criteria are necessary to participate in the program, service or activity.
Examples
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A city adult education program requires people who are blind to be accompanied by another adult in its classes. This is discriminatory.
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A community college requires students with disabilities to provide extensive medical histories, although such histories are not required from other students. Unless the college can demonstrate that it is necessary for some compelling reason to adopt this policy, the policy would not be permitted by the ADA.
However, neutral rules such as legitimate safety qualifications are permitted even when the effect is to screen out people with disabilities.
Examples
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A certain level of vision is acceptable as an eligibility criterion for obtaining a driver's license.
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A county recreation program may require that all participants in its scuba program pass a swimming test, if it can demonstrate that being able to swim is necessary for safe participation in the class.
Title II Regulation 28 § 35.130
General prohibitions against discrimination:
(b) (8) A public entity shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any service, program, or activity, unless such criteria can be shown to be necessary for the provision of the service, program, or activity being offered.
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