Can I consider health and safety in deciding whether to hire an applicant or retain an employee with a disability?
A. The ADA permits an employer to require that an individual not pose a direct threat to the health and safety of the individual or others in the work-place. A direct threat means a significant risk of substantial harm. You cannot refuse to hire or fire an individual because of a slightly increased risk of harm to himself or others. Nor can you do so based on a speculative or remote risk. The determination that an individual poses a direct threat must be based on objective, factual evidence regarding the individual’s present ability to perform essential job functions. If an applicant or employee with a disability poses a direct threat to the health or safety of himself or others, you must consider whether the risk can be eliminated or reduced to an acceptable level with a reasonable accommodation.
Related Questions
- Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability?
- Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee who has HIV/AIDS?
- Can I consider health and safety in deciding whether to hire an applicant or retain an employee with a disability?
