Direct threat definition

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 de- termination that an individual with a disability poses a direct threat shall be based on an individualized assessment of the individual’s present ability to perform safely the essential functions of the job. This assessment shall be based on a reasonable medical judg- ment that relies on the most current medical knowledge and/or on the best available objective evidence. In deter- mining whether an individual would pose a direct threat, the factors to be considered include:
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. 28 CFR §35.139
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 below.

Examples of Direct threat in a sentence

  • 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.

  • Direct threat: A significant risk to the health, safety or well-being of individuals with disabilities or others when this risk cannot be eliminated by reasonable accommodation.

  • Direct threat is defined as a substantial risk of harm based on facts and that cannot be eliminated or reduced to an acceptable level through reasonable accommodation.

  • 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.

  • It may be a defense to a charge of dis- crimination, as described in § 1630.10, that an alleged application of quali- fication standards, tests, or selection criteria that screens out or tends to screen out or otherwise denies a job or benefit to an individual with a dis- ability has been shown to be job-re- lated and consistent with business ne- cessity, and such performance cannot be accomplished with reasonable ac- commodation, as required in this part.(2) Direct threat as a qualification standard.


More Definitions of Direct threat

Direct threat means a significant risk of substantial harm to the health or safety of the employee or others that cannot be eliminated or reduced by reasonable accommodation.
Direct threat means a significant risk to the health or safety of others
Direct threat means a significant risk to the health, safety or well-being of individuals with disabilities or others when this risk cannot be eliminated by Reasonable Accommodation.
Direct threat means a significant risk of substantial harm that cannot be eliminated or reduced by reasonable accommodation. 29 C.F.R. §1630.2(r)(1998). Direct threat determinations must be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job, considering a reasonable medical judgment relying on the most current medical knowledge and/or best available objective evidence. Id. To determine whether an employee poses a direct threat, the following factors should be considered: (1) the duration of the risk; (2) the nature and severity of the potential harm; (3) the likelihood that potential harm will occur; and, (4) the imminence of the potential harm. Id.
Direct threat means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
Direct threat. ’ means a significant risk to the