• The ADA provisions to establish a direct threat are specific and stringent.

Employers may require that an individual not pose a direct threat as a qualification standard if this standard applies to all applicants for a particular job. In general terms, a direct threat is a significant risk of substantial harm to the health or safety of the individual or others, which cannot be eliminated or reduced by reasonable accommodation.

Employers must meet very specific and stringent requirements under the Americans with Disabilities Act (ADA) to establish that such a direct threat exists, and they must be prepared to show:

• There is significant risk of substantial harm;
• The specific risk is identified;
• It is a current risk, not speculative or remote;
• The assessment of risk was based on objective medical or other factual evidence regarding a particular individual; and
• They have considered whether the risk can be eliminated or reduced below the level of a direct threat by reasonable accommodation if a genuine significant risk of substantial harm exists.

Employers generally may not simply believe an individual poses a direct threat. They need to have supporting evidence and base their determination on reasonable medical judgment, which relies on the most current medical knowledge and best available objective evidence. The determination also needs to reflect an individualized assessment of the applicant’s or employee’s abilities.