Kansas Administrative Regulations
Agency 21 - KANSAS HUMAN RIGHTS COMMISSION
Article 34 - DISCRIMINATION BECAUSE OF DISABILITY
Section 21-34-13 - Direct threat; criteria for determination
Universal Citation: KS Admin Regs 21-34-13
Current through Register Vol. 43, No. 39, September 26, 2024
(a) The determination that an individual with a disability poses a "direct threat" shall be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge, on the best available objective evidence, or both.
(b) In determining whether an individual would pose a direct threat, the factors to be considered include:
(1) the duration of the risk;
(2) the nature and severity of the potential
harm;
(3) the likelihood that the
potential harm will occur; and
(4)
the imminence of the potential harm.
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