When Employees Might Be a Danger to Themselves or Others: ADA Provisions

By Gail I. Cohen, JD

Director, Employment Law & Compliance
Matrix Absence Management

Sometimes an employee’s medical condition raises concerns for the health and safety of coworkers as well as that of the employee. The Americans with Disabilities Act (ADA) allows that when an employee is a “direct threat” to themselves or others, the employer may make further medical inquiry. Here are some best practices for when to use that tool, and what to expect when you do.

What Is a Direct Threat?

Under the ADA, a direct threat involves an employee with a disability who poses “a significant risk of substantial harm to himself or others that cannot be eliminated or reduced by reasonable accommodation.” The ADA is intended to protect employees from faulty assumptions about their capabilities based on a disability; this imperative is particularly critical when an employer would characterize an employee as a “direct threat.” A determination of direct threat requires an individualized assessment of the employee’s present ability to safely perform the essential functions of the position, based on objective facts including objective medical evidence.

Full content is available to DMEC members only.

to view the complete resource.

If you are not a DMEC member, we encourage you to join. DMEC members have access to white papers, case studies, @Work magazine articles, free webinars, legislative updates, and much more. These resources will assist you in building an effective and compliant integrated absence management program, saving you time, resources, and money. Learn more.

If you are being asked to log in more than once, please refresh your browser.