Can a public accommodation exclude a person with HIV/AIDS because that person allegedly poses a direct threat to the health and safety of others?
In almost every instance, the answer to this question is no. Persons with HIV/AIDS will rarely, if ever, pose a direct threat in the public accommodations context. A public accommodation may exclude an individual with a disability from participation in an activity, if that individual’s participation would result in a direct threat to the health or safety of others. “Direct threat,” however, is defined as a “significant risk to the health or safety of others” that cannot be eliminated or reduced to an acceptable level by reasonable modifications to the public accommodation’s policies, practices, or procedures, or by the provision of appropriate auxiliary aids or services. The determination that a person poses a direct threat to the health or safety of others may not be based on generalizations or stereotypes about the effects of a particular disability; it must be based on an individual assessment that considers the particular activity and the actual abilities and disabilities of the in
Related Questions
- Can a public accommodation exclude a person with HIV/AIDS because that person allegedly poses a direct threat to the health and safety of others?
- What can a person do if he or she is being discriminated against by a place of public accommodation on the basis of his or her HIV status?
- How does an employer determine if a person poses a direct threat?
