Perhaps.mloamiller wrote:As an instructor, we have the right to refuse to teach someone, correct? Are there limitations on the "why" for that refusal?
Can you legally refuse to teach someone solely on the basis of their gender, etc.? https://en.wikipedia.org/wiki/Protected_group
Though the following could directed at a public entity (i.e., Title II), I expect that there would be an equivalent section of the ADA (i.e., Title III https://en.wikipedia.org/wiki/Americans ... acilities)) that could be directed against a business (i.e., a LTC instructor):
The assertion of a protected civil right often challenges societal beliefs and attitudes. This is why the Americans with Disabilities Act sets a very high bar as to when a person with a disability can be legally denied the “services, programs, or activities” of a public entity based on a “direct threat to the health or safety of others.” According to the Department of Justice Title II Technical Assistance Manual, the “public entity must ensure that its safety requirements are based on real risks, not on speculation, stereotypes, or generalizations about individuals with disabilities.”
“In determining whether an individual poses a direct threat to the health or safety of others, a public entity 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.”
The requirements of the Americans with Disabilities Act to conduct an individualized assessment are required by 28 CFR § 35.139(b).
Persons with disabilities have a long history of being discriminated against based on a mistaken belief that individuals with disabilities somehow pose a threat of harm to self or others. For this reason, Congress included language in the Americans with Disabilities Act (ADA) that established a very high threshold that a covered entity must meet to show that an individual with a disability presents a “direct threat” of harm.
Consult an attorney for a formal legal opinion, but it could be argued that an LTC instructor be prepared to prove (beyond the very high threshold) why a specific blind individual (i.e., the potential student, in the original post), as opposed to the "speculation, stereotypes, or generalizations" of "the blind" in general, would be a threat to themselves or others, if an LTC instructor wishes to deny a specific blind person access to LTC training which is available to the public.
For those who are truly interested, might I suggest: https://nfb.org/images/nfb/publications ... 140116.htm
There is at least one "totally blind" (i.e., can only see light/dark out of one eye) individual who possesses concealed carry permits (or the individual state's equivalent name) from approximately 8 states, including Texas (thus, precedent). This individual also has passed the training requirements for an IL permit, and we already know how 2A friendly Chicago is! 