---
kind: "section"
citation: "45 C.F.R. § 84.75"
title: "45"
number: "84.75"
heading: "Direct threat."
url: "https://uscodex.org/cfr/45/84.75"
---

# §84.75. Direct threat.

- (a) This part does not require a recipient to permit an individual to participate in or benefit from the programs or activities of that recipient when that individual poses a direct threat.
- (b) Except as provided in [paragraph (c)](#c) of this section, in determining whether an individual poses a direct threat, a recipient must make an individualized assessment, based on reasonable judgment that relies on current medical knowledge or on the best available objective evidence, to ascertain: the nature, duration, and severity of the risk; the probability that the potential injury will actually occur; and whether reasonable modifications of policies, practices, or procedures or the provision of auxiliary aids or services will mitigate the risk.
- (c) In determining whether an individual poses a direct threat in employment, the recipient must make an individualized assessment according to the Equal Employment Opportunity Commission's regulation implementing title I of the Americans with Disabilities Act of 1990, at [29 CFR 1630.2(r)](/cfr/29/1630.2.md?p=r).

## Notes

### Source

Source: 89 FR 40189, May 9, 2024, unless otherwise noted.

### Authority

Authority: 29 U.S.C. 794.

### Source

Source: 42 FR 22677, May 4, 1977, unless otherwise noted.