Search Results "Direct Threat"
2010 ADA Definition
Direct Threat: Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services, as provided in § 36.208 [2010 ADA Title III Regulations].
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NYC Board of Elections: Video 3 - Accessibility Clerk Responsibilities
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§ 36.208(b)
(b) In determining whether an individual poses a direct threat to the health or safety of others, a public accommodation must make an individualized assessment, based on reasonable judgment...
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§ 35.139(b)
(b) In determining whether an individual poses a direct threat to the health or safety of others, a public entity must make an individualized assessment, based on reasonable judgment that...
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§ 37.5(h)
part for an entity to refuse to provide service to an individual with disabilities because that individual engages in violent, seriously disruptive, or illegal conduct, or represents a direct...
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"Alerting to intruders." (Section-by-Section Analysis)
The Department reiterates that public accommodations are not required to admit any animal that poses a direct threat to the health or safety of others. ...
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Minimal protection.
language, the Department continues to believe that it should retain the "providing minimal protection" language and interpret the language to exclude so-called "attack dogs" that pose a direct...
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Service Animal Permitted to Accompany Passenger on Flight and at Seat Assignment
[Sec. 382.55(a)] The service animal must be allowed to accompany the passenger unless it poses a direct threat to the health or safety of others or presents a significant threat of disruption...
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§ 37.3 Origin-to-destination service
service, it must provide assistance to those passengers who need assistance beyond the curb in order to use the service unless such assistance would result in in a fundamental alteration or direct...
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Section 1630.16(e) Infectious and Communicable Diseases; Food Handling Jobs
Section 1630.16(e) Infectious and Communicable Diseases; Food Handling Jobs This provision addressing food handling jobs applies the “direct threat” analysis to the particular situation...
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May an employer ask disability-related questions or require a medical examination when an employee who has been on leave for a medical condition wants to return to work?
Yes, if an employer has a reasonable belief that an employee's present ability to perform essential functions will be impaired by a medical condition or that he or she will pose a direct...
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Minimal protection.
minimal protection" from its regulation, the Department continues to believe that the language serves the important function of excluding from coverage so-called "attack dogs" that pose a direct...
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23. Extreme Weather Assistance
request to be assisted from his or her door to a vehicle during extreme weather conditions should generally be granted so long as the driver leaving the vehicle to assist would not pose a direct...
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Q23. Can individuals with disabilities be refused access to a facility based solely on the breed of their service animal?
However, if a particular service animal behaves in a way that poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the...
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"Alerting to intruders." (Section-by-Section Analysis)
The Department reiterates that public entities are not required to admit any animal that poses a direct threat to the health or safety of others. ...
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§8.3 Individual with handicaps
threat to property or the safety of others; or any individual who has a currently contagious disease or infection and who, by reason of such disease or infection, would constitute a direct...
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§27.5 Qualified person with a disability
use of alcohol or drugs prevents such person from performing the duties of the job in question or whose employment, by reason of such current alcohol or drug abuse, would constitute a direct...
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24. Unattended Passengers
generally grant the request as long as accommodating the request would not leave the vehicle unattended or out of visual observation for a lengthy period of time, both of which could involve direct...
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22. Navigating an Incline, or Around Obstacles
These modifications would be granted subject, of course, to the proviso that such assistance would not cause a direct threat, or leave the vehicle unattended or out of visual observation...
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Attachment A
Manager Responsibilities In the event that a particular service animal´s vicious behavior poses a direct threat to the health or safety of others, Blockbuster has the right to exclude...
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3. The risk must be current, not one that is speculative or remote
A determination that an individual would pose a "direct threat" cannot be based on speculation about future risk....
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Multi-Level Parking Garage with Direct Connections to Facility
[See subsections ...]
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What should an employer do if it learns about an employee's medical condition from someone else?
information gives rise to a reasonable belief that the employee in question will be unable to perform the essential functions of his or her job because of the medical condition or will pose a direct...
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§382.23(d)
., the passenger has apparent significant difficulty in breathing, appears to be in substantial pain, etc.) or would pose a direct threat to the health or safety of other persons on the...
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C.
The second is where granting the request would create a direct threat to the health or safety of others....