Documente Academic
Documente Profesional
Documente Cultură
SEP 10 1993
A. Laurence Field
A. Laurence Field & Associates
1322 Bayview Road
Middletown, Delaware 19709
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However, both titles II and III contain an exception to the
general non-exclusion and integration requirements when an
individual with a disability poses a direct threat to the health
or safety of others. A direct threat is defined as a significant
risk to the health or safety of others that cannot be eliminated
or satisfactorily mitigated by reasonable modifications to the
covered entity's procedures. Under section 35.104 of the title
II regulation, an individual who poses a such a direct threat is
not considered a "qualified" individual for the services or
programs being offered. Similarly, section 302(b)(3) of the Act
states that public accommodations are not required to permit
participation of individuals who pose a direct threat to the
health or safety of others. However, the titles II and III
regulations specify that the determination of whether an
individual poses a direct threat be
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Sincerely,
John L. Wodatch
Chief
Public Access Section
Enclosures
Title II Regulation
Title III Regulation
01-02583
A. Laurence Field & Associates (302)378-1600
1322 Bayview Road SPECIALISTS IN ACCESSIBILITY
Middletown, DE 19709 AND BARRIER REMOVAL
July 2, 1992
Colleen Miller
Coordination & Review Section
Civil Rights Division
P.O. Box 66118
Washington, DC 20035-6118
A. Laurence Field
01-02584