US Section 504 of the Rehabilitation Act (29 USC 794) and HHS Rule 45 CFR Part 84
Subpart G: general prohibitions, reasonable modifications, integration, service animals, mobility devices, direct threat and retaliation (84.68 to 84.76) – US Section 504 of the Rehabilitation Act (29 USC 794) and HHS Rule 45 CFR Part 84

US Section 504 of the Rehabilitation Act (29 USC 794) and HHS Rule 45 CFR Part 84 84.75-84.76: Exclude an individual as a direct threat only after an individualised, evidence-based assessment, and administer programs in the most integrated setting without unnecessary segregation or risk of institutionalisation

What does 84.75-84.76 require?

A recipient need not serve an individual who poses a direct threat, but must first make an individualised assessment, based on reasonable judgment relying on current medical knowledge or the best available objective evidence, of the nature, duration and severity of the risk, the probability of injury and whether reasonable modifications or auxiliary aids would mitigate it (in employment the EEOC standard at 29 CFR 1630.2(r) applies). The recipient must administer each program in the most integrated setting appropriate to the needs of qualified persons with disabilities, and may not, where the effect is unnecessary segregation or serious risk of it, apply policies that limit access to integrated settings, provide greater or better-termed benefits in segregated settings, impose stricter rules on people in integrated settings, or fail to provide community-based services in a way that results in institutionalisation or serious risk of it, through planning, system design, funding or implementation; the only defence is a demonstrated fundamental alteration. People need not wait for institutionalisation to assert the right.

Maintained by Gerard Blokdyk

Other controls in Subpart G: general prohibitions, reasonable modifications, integration, service animals, mobility devices, direct threat and retaliation (84.68 to 84.76) – US Section 504 of the Rehabilitation Act (29 USC 794) and HHS Rule 45 CFR Part 84

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The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.