Search Results "Direct Threat"
2010 ADA Definition
Direct Threat: Direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or services, as provided in § 36.208 [2010 ADA Title III Regulations].
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§ 37.169 Process to be used by public entities providing designated public transportation service in considering requests for reasonable modification
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Two Steps for Airline Personnel
Determine if the service animal presents either a “direct threat to the health or safety of others,” or a significant threat of disruption to the airline service in the...
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What do I do if I believe that carriage of the animal in the cabin of the aircraft would inconvenience non-disabled passengers?
Part 382 requires airlines to permit qualified individuals with a disability to be accompanied by their service animals in the cabin, as long as the animals do not 1) pose a direct threat...
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14. Child welfare agencies have an obligation to ensure the health and safety of children. How can agencies comply with the ADA and Section 504 while also ensuring health and safety?
For example, the ADA explicitly makes an exception where an individual with a disability represents a "direct threat."87 Section 504 incorporates a similar principle.88 Under the ADA...
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Direct Threat to the Health or Safety of Others
A significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures, or by the provision of auxiliary aids or...
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Concerns about Safety
CONCERNS ABOUT SAFETY When it comes to safety concerns, an employer should be careful not to act on the basis of myths, fears, or stereotypes about hearing impairments. Instead,...
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15. When may an employer refuse to hire, terminate, or temporarily restrict the duties of a person who has or had a hearing impairment because of safety concerns?
An employer only may exclude an individual with a hearing impairment from a job for safety reasons when the individual poses a direct threat....
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100% Healed Policies
threat."...
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17. Exposing Vehicle to Hazards
its occupants to hazards, such as running off the road, getting stuck, striking overhead objects, or reversing the vehicle down a narrow alley, the request can be denied as creating a direct...
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18. Hard-to-Maneuver Stops
location that is difficult, but not impossible or impracticable, to access should generally be granted as long as picking up the passenger does not expose the vehicle to hazards that pose a direct...
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22. Navigating an Incline, or Around Obstacles
These modifications would be granted subject, of course, to the proviso that such assistance would not cause a direct threat, or leave the vehicle unattended or out of visual observation...
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23. Extreme Weather Assistance
request to be assisted from his or her door to a vehicle during extreme weather conditions should generally be granted so long as the driver leaving the vehicle to assist would not pose a direct...
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24. Unattended Passengers
generally grant the request as long as accommodating the request would not leave the vehicle unattended or out of visual observation for a lengthy period of time, both of which could involve direct...
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25. Need for Return Trip Assistance
The paratransit operator should generally provide such assistance, unless doing so would create a direct threat, or leave the vehicle unattended or out of visual observation for a lengthy...
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7. Q: What about applicants with a history of illegal drug use? Do they have rights under the ADA?
safety is asserted as a justification for such a policy, then the employer must be able to show that individuals excluded because of a history of drug addiction or treatment would pose a direct...
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Standards that exclude an entire class of individuals with disabilities
An employer is not required to hire or retain an individual who would pose a "direct threat" to health or safety (see below)....
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4.5 Standards Necessary for Health and Safety: A "Direct Threat"
4.5 Standards Necessary for Health and Safety: A "Direct Threat" An employer may require as a qualification standard that an individual not pose a "direct threat" to the health or safety...
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2. The specific risk must be identified
The specific risk must be identified If an individual has a disability, the employer must identify the aspect of the disability that would pose a direct threat, considering the following...
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4. The assessment of risk must be based on objective medical or other evidence related to a particular individual
The determination of a "direct threat" to health or safety must be based on a reasonable medical judgement that relies on the most current medical knowledge and/or the best available objective...
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"Direct Threat" to Self
"Direct Threat" to Self An employer may require that an individual not pose a direct threat of harm to his or her own safety or health, as well as to the health or safety of others....
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5. If there is a significant risk, reasonable accommodation must be considered
harm to health or safety, an employer still must consider whether there is a reasonable accommodation that would eliminate this risk or reduce the risk so that it is below the level of a "direct...
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2. State and Local Laws
exclude an individual with a disability for a particular job or profession because of a health or safety risk, the employer still must assess whether a particular individual would pose a "direct...
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38. Is an employer relieved of its obligation to provide reasonable accommodation for an employee with a disability who fails to take medication, to obtain medical treatment, or to use an assistive device (such as a hearing aid)?
ability to perform the job.(106) However, if an employee with a disability, with or without reasonable accommodation, cannot perform the essential functions of the position or poses a direct...
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Pre-Employment, Post-Offer
A post-offer medical examination may disqualify an individual who would pose a "direct threat" to health or safety....