Can We Refuse to Serve an Individual Whose Disability Poses a Direct Threat to the Health and Safety of Others?
One of the rare instances when a program may deny participation in activities to a person based upon disability is when the individual’s disability legitimately presents a direct threat to the health or safety of others that cannot be eliminated or reduced to an acceptable level by reasonable changes to policies, practices, or procedures or by the provision of auxiliary aids and services. The program must establish that the perceived threat is real and not based upon preconceptions or unwarranted fears about the individual’s disability. Assessments must consider both the particular activity and the actual abilities and disabilities of the individual. The Department of Justice gives the following guidance for direct threat assessment: The individual assessment must be based on reasonable judgment that relies on current medical evidence, or on the best available objective evidence, to determine The nature, duration, and severity of the risk The probability that a potential injury will ac
Related Questions
- May an employer refuse to employ an individual with a disability in a job which could endanger the employees own health or safety?
- Can We Refuse to Serve an Individual Whose Disability Poses a Direct Threat to the Health and Safety of Others?
- What are my occupational health and safety responsibilities when employing a person with disability?
