Eligibility For ADA Protections
How To Determine If A Health Condition Poses A Threat For ADA Purposes
« Previous4/4
If a health condition proposes a substantial risk of harm to other people or the patient with the condition, an employer is permitted to discriminate against the person to the extent necessary.
To determine if a risk falls within the unprotected category, consider a number of factors, no one of which is worth more weight than another. The factors to consider are:
- Duration of the risk.
- Nature and severity of the risk.
- Potential injury.
- How substantial is the possiblity of the risk occurring?
- How imminent is the danger?
If there is a substantial risk, the next quetsion is whether it can be accommodated to reduce the risk of harm to an acceptable level. If it can be, it is the employer's duty to take the action.
Get Your Personal Guide
Please share how this information is useful to you. 0 Comments
Post a Comment Have something to add to this topic? Contact Us.