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Supreme Court Declines Opportunity To Resolve Split On Who Bears ADA "Direct Threat" Burden |
April 4, 2006
Previously published on June 1, 2005
The Americans with Disabilities Act ("ADA")
permits an employer to base an adverse
employment action on an employee's disability if the
employee poses a direct threat to the health and safety
of others. However, there is no consensus among the
circuit courts concerning whether the employer or the
employee bears the burden of proving that such a direct
threat exists.
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The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
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