The direct threat defense is an important, although infrequently encountered, defense under the statute.
The direct threat defense is when there is a significant risk of substantial harm to the health or safety of an individual or others that cannot be eliminated or reduced by reasonable accommodation. Individual assessment is required to determine whether or not, based on reasonable medical judgment, that there is a direct threat and if there are reasonable accommodations that would eliminate or reduce that risk. Employers must also identify the specific behavior that is posing the direct threat. This creates an even greater need for ADA-compliant job descriptions.
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