Direct Threat to Health or Safety of Others

Under the ADA and FEHA, you are not required to hire or retain an applicant or employee who poses a “direct threat” or significant risk to the health and safety of coworkers or others that a reasonable accommodation can’t eliminate.

You must determine whether an individual with a disability will pose a direct threat to the safety of others on a case-by-case basis and if a reasonable accommodation would mitigate or eliminate the possibility of harm. You also must identify specific conditions or behavior on the applicant’s or employee’s part that constitute the threat. The risk must be current, not speculative or remote. The risk must be based on reasonable medical judgment or