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Federal regulations · Through 2026-08-25 · Newer source version available

28 CFR 36.208: Direct threat.

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Where this section sits in the code
  1. Title 28—Judicial Administration
  2. CHAPTER I—DEPARTMENT OF JUSTICE
  3. PART 36—NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS AND IN COMMERCIAL FACILITIES
  4. Subpart B—General Requirements

(a) This part does not require a public accommodation to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation when that individual poses a direct threat to the health or safety of others.

(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 that relies on current medical knowledge or on the best available objective evidence, to ascertain: The nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.

Collected 2026-08-27T02:25:14Z. Source file · JSON

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