Video

  • 7 minutes

Direct Threat Defense and Safety Concerns - New Realities of the ADA

 

The direct threat defense is an important, although infrequently encountered, defense under the statute.

The direct threat defense is when there is a significant risk of substantial harm to the health or safety of an individual or others that cannot be eliminated or reduced by reasonable accommodation.  Individual assessment is required to determine whether or not, based on reasonable medical judgment, that there is a direct threat and if there are reasonable accommodations that would eliminate or reduce that risk.  Employers must also identify the specific behavior that is posing the direct threat. This creates an even greater need for ADA-compliant job descriptions.

Runtime: 6 minutes

Agenda

Faculty

Frank C. Morris, Jr.

Frank C. Morris, Jr.

Epstein Becker & Green, P.C.

  • Chair, employment law practice in Washington, D.C., and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
  • Speaker on the ADA and employment law to the judicial conferences for the federal judges of Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits
  • Adjunct professor at the George Washington University Law School
  • Named to The Best Lawyers in America and the Washington, D.C. Super Lawyers list and in Washington, D.C., and Baltimore‚Äôs Top-Rated Lawyers
  • Represents and counsels employers and public accommodations nationally in employment, labor, leave, and disability matters
  • Can be contacted at [email protected]

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