Health or Safety Defense An employer may require that an individual not pose a "direct threat" to the health or safety of himself/herself or others....
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Health or Safety Defense
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5. If there is a significant risk, reasonable accommodation must be considered
If there is a significant risk, reasonable accommodation must be considered Where there is a significant risk of substantial harm to health or safety, an employer still must consider...
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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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2. Whether this person can perform this job without posing a "direct threat" to the health or safety of the person or others
Whether this person can perform this job without posing a "direct threat" to the health or safety of the person or others....
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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?
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?...
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4.6 Health and Safety Requirements of Other Federal or State Laws
4.6 Health and Safety Requirements of Other Federal or State Laws The ADA recognizes employers' obligations to comply with requirements of other laws that establish health and safety...
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§ 36.304(d)(3)
No measure shall be taken, however, that poses a significant risk to the health or safety of individuals with disabilities or others....
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Risk Cannot be Speculative or Remote
about future risk....
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Wild animals, monkeys, and other nonhuman primates. (Section-by-Section Analysis)
The Department believes that this approach reduces risks to health or safety attendant with wild animals....
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Wild animals, monkeys, and other nonhuman primates. (Section-by-Section Analysis)
The Department believes that this approach reduces risks to health or safety attendant with wild animals....
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III-3.8000 Direct threat
and safety risks....
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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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Section 36.208 Direct Threat (Preamble, Section-by-Section Analysis)
Paragraph (b) of this section explains that a ‘‘direct threat’’ is a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices...
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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?
A "direct threat" is a significant risk of substantial harm to the individual or others that cannot be eliminated or reduced through reasonable accommodation.[29] This determination must...
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Sec.36.304(d)(2)
No measure shall be taken, however, that poses a significant risk to the health or safety of individuals with disabilities or others....
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§ 36.208 Direct threat.
[See subsections ...]
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Sec.36.208 Direct threat
Sec.36.208 Direct threat.
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Section 36.208 Direct Threat (Section-By-Section Analysis and Response to Comments)
Section 36.208 Direct Threat (Section-By-Section Analysis and Response to Comments)
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Breed limitations. (Section-by-Section Analysis)
rights of persons with disabilities under the ADA who use certain service animals based on where they live rather than on whether the use of a particular animal poses a direct threat to the health...
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Breed limitations. (Section-by-Section Analysis)
rights of persons with disabilities under the ADA who use certain service animals based on where they live rather than on whether the use of a particular animal poses a direct threat to the health...
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1. Significant risk of substantial harm
Significant risk of substantial harm An employer cannot deny an employment opportunity to an individual with a disability merely because of a slightly increased risk....
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2. The specific risk must be identified
factors: the duration of the risk....
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Areas of a public entity open to the public, participants in services, programs, or activities, or invitees. (Section-by-Section Analysis)
See Centers for Disease Control and Prevention, Guidelines for Environmental Infection Control in Health-Care Facilities: Recommendations of CDC and the Healthcare Infection Control Practices...
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PROFESSIONAL OFFICE OF A HEALTH CARE PROVIDER
by at least one health care provider....