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Supreme Court Clarifies ADA "Direct Threat" Defense |
July 9, 2004
Previously published on June 11, 2002
In another decision impacting the manageability of the ADA in the workplace, the United States Supreme
Court has unanimously held that the threat of harm to one's self, although not specifically listed in the
Americans with Disabilities Act ("ADA"), is viable as part of the "job-related" and "business necessity"
standards set out in the ADA. This settles a long-standing open issue under the ADA. Before this
decision, many had argued that only the direct threat of "injury to others" could suffice as a safety issue
defense under the Act.
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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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