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Eligibility For ADA Protections

What Is A "Direct Threat" To Yourself Or To Others For ADA Purposes?

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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 him or her self or to 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 you 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.





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