The following excerpt is from Sullivan v. Vallejo City Unified School Dist., 731 F. Supp. 947 (E.D. Cal. 1990):
To make out a prima facie case of discrimination under section 504, plaintiff bears the burden of demonstrating that she is (1) "handicapped," (2) "otherwise qualified" to participate in the federally financed program and has been excluded from participation by reason of his or her handicap, and that (3) the relevant program receives federal financial assistance. Doherty v. Southern College of Optometry, 659 F.Supp. 662, 671 (W.D.Tenn.), aff'd, 862 F.2d 570 (6th Cir.1988). Once a prima facie case has been established, the burden shifts to the defendant to produce evidence to rebut the inference of discrimination. Sisson v. Helms, 751 F.2d 991, 993 (9th Cir.), cert. denied, 474 U.S. 846, 106 S.Ct. 137, 88 L.Ed.2d 113 (1985). As in all civil litigation, the plaintiff bears the burden of persuading the trier of fact by a preponderance of the evidence that the defendant engaged in impermissible handicap discrimination. Id. at 993. Where the issue of reasonable accommodation is at issue, as in this case, the defendant bears the burden of demonstrating that accommodations cannot reasonably be made that would enable the handicapped person to participate. Id. Thus, if the defendant proffers credible evidence that reasonable accommodation is not "possible or practicable," plaintiff bears the ultimate burden of coming forward with evidence that an accommodation may in fact be made. Id.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.