Does a potentially destructive, dangerous or suicidal person qualify?
A person does not qualify “if that person poses a direct threat to the health and safety of others and that threat cannot be eliminated or reduced to an acceptable level by modification of policies, practices, procedures, or by the provision of auxiliary aids or services.” A direct threat cannot be based on “generalizations or stereotypes” about a mental or emotional impairment. Employers have a responsibility to consider the feasibility of alternative accommodations to resolve a crisis. Do people with drug or alcohol problems qualify? Physical impairments such as drug addiction and alcoholism are covered. Drug addicts who no longer take drugs are protected. A person engaged in current illegal drug use may not qualify. Do people exhibiting inappropriate or negative behavior qualify? Mental impairments “do not include common personality traits such as poor judgment or a quick temper, where these are not symptoms of a mental or psychological disorder.” Who must make an “reasonable accomm
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