Kan. Admin. Regs. § 21-70-9 - Direct threat
(a) The
act and these regulations shall not be interpreted to require a public
accommodation to permit an individual to participate in or benefit from the
goods, services, facilities and accommodations of that public accommodation
when that individual poses a direct threat to the health and safety of others.
(b) "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.
(c) In
determining whether an individual poses a direct threat to the health or safety
of others, a public accommodation shall make an individualized assessment,
based on reasonable judgment that relies on current medical knowledge or on the
best available objective evidence, to ascertain:
(1) the nature, duration, and severity of the
risk;
(2) the probability that the
potential injury will actually occur; and
(3) whether reasonable modifications of
policies, practices, or procedures will mitigate the risk.
Notes
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