N.J. Admin. Code § 13:13-4.8

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:13-4.8 - Reasonable probability of serious harm

(a) Nothing in this subchapter shall be construed as requiring an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation to permit a person with a disability to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of that public accommodation if to do so creates a reasonable probability of serious harm to the person with a disability, or to others, that cannot be mitigated with reasonable accommodation.

(b) In determining whether providing a person with a disability with access to a public accommodation poses a reasonable probability of serious harm to that individual, or to others, that cannot be mitigated with reasonable accommodation, an owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation 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 probability that the serious harm will actually occur and whether reasonable modifications of policies, practices, or procedures will mitigate the probability of serious harm.

(c) An owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodation may impose legitimate safety requirements that are necessary for the safe operation of the facility. Such safety requirements shall be based on actual risks and not on mere speculation, stereotypes, or generalizations about people with disabilities.

N.J. Admin. Code § 13:13-4.8

New Rule, R.2001 d.480, effective 12/17/2001.
See: 33 N.J.R. 1852(a), 33 N.J.R. 4380(b).
Amended by R.2012 d.039, effective 2/21/2012.
See: 43 N.J.R. 149(a), 44 N.J.R. 505(a).
In (a) and (b), substituted "mitigated" for "eliminated"; and in (b), substituted "mitigate" for "eliminate".