Direct Threat

1. Direct ThreatJohn Patrick Evans,Certified Rehabilitation Counselor – Corporate ConsultantWashington State Department Social and Health ServicesDivision of Vocational RehabilitationEvansJP@dshs.wa.gov2003

2. Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The risk need not be eliminated entirely to fall below the direct threat definition. Direct Threat

3. Determining whether an individual poses a significant risk of substantial harm to others must be made on a case by case basis. The employer should identify the specific risk posed by the individual. For individuals with mental or emotional disabilities, the employer must identify the specific behavior on the part of the individual that would pose the direct threat. Direct Threat

4. An employer is permitted to require that an individual not pose a direct threat of harm to his or her own safety or health. If performing the particular functions of a job would result in a high probability of substantial harm to the individual, the employer could reject or discharge the individual unless a reasonable accommodation that would not cause undue hardship would avert the harm. Direct Threat

5. An employer’s direct threat standard must apply to all individuals, not just to individuals with disabilities. The determination that an individual poses a “direct threat” shall be based on an individualized assessment of the individual’s present ability to safely perform the essential functions of the job. Direct Threat

6. An employer is not permitted to deny an employment opportunity to an individual with a disability merely because of a slightly increased risk. The risk can only be considered when it poses a significant risk, i.e., high probability, of substantial harm; a speculative or remote risk is insufficient. Direct Threat

7. The assessment that there exists a high probability of substantial harm to the individual, like the assessment that there exists a high probability of substantial harm to others, must be strictly based on valid medical analyses and/or on other objective evidence. Direct Threat

8. Medical documentation concerning the qualification of an individual with a disability, or whether this individual constitutes a “direct threat” to health and safety, does not mean only information from medical doctors. Direct Threat

9. The employer must be able to show that an exclusion of an individual with a disability because of risk to health or safety meets the “direct threat” standard when based on “the most current medical knowledge and/or the best available objective evidence about this individual”. Direct Threat

10. In determining whether an individual would pose a direct threat, the factors to be considered include: The duration of the risk The nature and severity of the potential harm The likelihood that the potential harm will occur The imminence of the potential harm Direct Threat

11. Determination must be based on individualized factual data, rather than on stereotypic or patronizing assumptions and must consider reasonable accommodation. Generalized fears about the risks from the employment environment cannot be used by an employer to disqualify an individual with disability. Direct Threat

12. If no accommodation exists that would either eliminate or reduce the risk, the employer may refuse to hire an applicant or may discharge an employee who poses a direct threat. Direct Threat