Direct Threat
A person who poses a direct threat to the health or safety of others is not "qualified." A "direct threat" is a significant risk to the health or safety of others that cannot be eliminated or reduced to an acceptable level by modification of policies, practices, or procedures, or by the auxiliary aids or services. The determination of direct threat must be based on objective factual evidence and an individualized assessment of the person. Factors include: 1) The nature, duration, and severity of the risk; 2) The probability that the potential injury will actually occur; and, 3) Whether reasonable modifications of policies, practices, or procedures will mitigate or eliminate the risk.
Examples
-
A state agency organizes a job placement event for young adults ages 18-21. I.R. is 25 and is hard of hearing. I.R. wants to attend, but I.R. does not meet the essential eligibility criteria concerning age.
-
A parent with tuberculosis wants to tutor 6th grade students in a public school volunteer program. Title II permits the school to refuse to allow the parent to participate on the grounds that the person's condition would be a direct threat to the health or safety of the students, if the condition is contagious and the threat cannot be mitigated or eliminated by reasonable modifications in policies, practices, or procedures.
Title II regulations 28 CFR § 35.130
General prohibitions against discrimination:
(g) A public entity shall not exclude or otherwise deny equal services, programs, or activities to an individual or entity because of the known disability of an individual with whom the individual or entity is known to have a relationship or association.
User Comments/Questions
Add Comment/Question