Safety
Requirements that are necessary for safe operation of a program, service, or activity are allowed, but they must be based on a current, objective assessment of the actual risk, not on assumptions, stereotypes, or generalizations about people with disabilities.
Examples
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A college may require all participants to pass a swim test in order to participate in the college-sponsored white water rafting expedition.
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A public entity may adopt "essential" requirements for safe operation of a motor vehicle. Denying a license to all individuals who have missing limbs, for example, would be discriminatory if an individual who could operate a vehicle safely without use of the missing limb were denied a license. A public entity, however, could impose appropriate restrictions as a condition to obtaining a license, such as requiring an individual who is unable to use foot controls to use hand controls when operating a vehicle.
Whether a specific requirement is "essential" will depend on the facts of the particular case and should take into account reasonable modifications of policies, practices and procedures.
Title II Regulation 28 § 35.130
General prohibitions against discrimination:
(h) A public entity may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. However, the public entity must ensure that its safety requirements are based on actual risks, not on mere speculation, stereotypes, or generalizations about individuals with disabilities.
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