By the Employment Attorneys at Smith & Garg, LLC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

What is a “direct threat” as defined by the EEOC’s ADA regulations?

An employer may exclude an employee with a disability from the workplace for safety reasons if that employee poses a “direct threat,” which is defined as “a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.”  However, the employer must apply this standard equally across the board to disabled and non-disabled employees alike.

To determine whether a direct threat exists, the following elements are considered:  “1) Duration of the risk; 2) nature and severity of the potential harm; 3) likelihood the potential harm will occur; and 4) imminence of the potential harm.”

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