Direct Threat
A significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation.
A direct threat is a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.
The direct threat standard is strict: - The risk must be significant, not remote or speculative - It must be based on objective, factual evidence - The assessment must consider current medical knowledge - It must be individualized, not based on stereotypes
Factors to consider: - Duration of the risk - Nature and severity of potential harm - Likelihood that harm will occur - Imminence of potential harm
Employers cannot refuse to hire or fire someone based on: - General assumptions about a disability - Fear of future injury - Speculation about what might happen - Stereotypes about certain conditions
A direct threat determination requires a reasonable medical judgment based on the most current medical knowledge and individualized assessment.
Related Terms
ernesty provides general information and tools to help you understand and organize your situation. It is not legal advice, and it is not a substitute for advice from a licensed attorney about your specific circumstances.