Direct Threat

In plain language, a direct threat in employment law refers to a significant risk of substantial harm to the health or safety of the individual or others that cannot be mitigated through reasonable accommodation.

Example #1

An individual with a contagious disease that poses a high risk of transmission to coworkers, clients, or the public may be considered a direct threat.

Example #2

A worker unable to perform critical job functions due to a medical condition that poses a danger to themselves or others could also be categorized as a direct threat.

Misuse

Misusing the concept of a direct threat in employment law can lead to unfair discrimination against individuals with disabilities. For instance, if an employer labels a qualified individual with a disability as a direct threat without conducting a thorough assessment or considering reasonable accommodations, it could result in the wrongful denial of employment opportunities.

Benefits

The concept of a direct threat provides protection for both employees and the workplace. By recognizing and appropriately addressing genuine threats that cannot be eliminated through reasonable accommodations, it helps maintain a safe working environment for all employees.

Conclusion

Understanding the concept of a direct threat is crucial in ensuring fair treatment of individuals with disabilities while also safeguarding the health and safety of all individuals in the workplace.

Related Terms

Americans With Disabilities Act (ADA)Reasonable Accommodation