Does the ADA apply if the employer believes hiring a person with a disability would pose a health risk?
A. Perhaps. The ADA permits an employer to refuse to hire an individual if he or she poses a direct threat to the health or safety of themselves or others. A direct threat means a significant risk of substantial harm. The determination that there is a direct threat must be based on objective, factual evidence regarding an individual’s present ability to perform essential functions of a job. An employer cannot refuse to hire someone because of a slightly increased risk or because of fears that there might be a significant risk sometime in the future. The employer must also consider whether a risk can be eliminated or reduced to an acceptable level with a reasonable accommodation. Health is rarely an issue in employment of teachers.
