What is a direct threat defense under the ADA?

What is a direct threat defense under the ADA?

• A. A minor concern about performance
• B. A potential risk to coworker morale
• C. A significant risk to safety that cannot be eliminated or reduced by reasonable accommodation; the threat must be substantial and imminent
• D. A rumor-based risk

Answer: (C)

The direct threat defense allows an employer to lawfully deny employment or require removal if a disability creates a direct threat to the safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The risk has to be substantial and imminent, not a minor concern or a rumor. Importantly, the threat must be evaluated on an individualized, evidence-based basis rather than stereotypes or speculation, and the employer should pursue reasonable accommodations or job adjustments first if they could mitigate the risk. If no accommodation can remove the risk and the threat remains substantial and imminent, action is permitted.

The direct threat defense allows an employer to lawfully deny employment or require removal if a disability creates a direct threat to the safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The risk has to be substantial and imminent, not a minor concern or a rumor. Importantly, the threat must be evaluated on an individualized, evidence-based basis rather than stereotypes or speculation, and the employer should pursue reasonable accommodations or job adjustments first if they could mitigate the risk. If no accommodation can remove the risk and the threat remains substantial and imminent, action is permitted.