May carriers refuse to provide transportation on the basis of disability?

CFR · 2024-01-01 · US · Title 14

(a) As a carrier, you must not refuse to provide transportation to a passenger with a disability on the basis of his or her disability, except as specifically permitted by this part. (b) You must not refuse to provide transportation to a passenger with a disability because the person's disability results in appearance or involuntary behavior that may offend, annoy, or inconvenience crewmembers or other passengers. (c) You may refuse to provide transportation to any passenger on the basis of safety, as provided in 49 U.S.C. 44902 (1) You can determine that there is a disability-related safety basis for refusing to provide transportation to a passenger with a disability if you are able to demonstrate that the passenger poses a direct threat (see definition in § 382.3). In determining whether an individual poses a direct threat, you must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: (i) The nature, duration, and severity of the risk; (ii) The probability that the potential harm to the health and safety of others will actually occur; and (iii) Whether reasonable modifications of policies, practices, or procedures will mitigate the risk. (2) If you determine that the passenger does pose a direct threat, you must select the least restrictive response from the point of view of the passenger, consistent with protecting the health and safety of others. For example, you

official document · source cfr-2024 · id 14:§ 382.19