Reasonable Accommodation Defenses

Employers may defend a claim of disability discrimination by demonstrating bona fide occupational qualifications (see Bona Fide Occupational Qualification (BFOQ)), business necessity (see Business Necessity as a Discrimination Defense), or threats to health and safety.

Factors courts will consider in determining the merits of a defense to a disability discrimination claim include:

• The duration of the risk;
• The nature and severity of the potential harm;
• The likelihood that the potential harm will occur;