Determining Future Significant Risk

Whether a person poses a significant risk must be made at the time of the employment action (hiring or promotion) and must be based upon the current condition of the applicant or employee. The decision cannot be based on the mere possibility that the employee or applicant may become incapacitated or unqualified in the future. Generalized fears about risks arising from the employment environment also cannot be used to disqualify an individual with a disability. Examples given by the EEOC of such generalized fears include an employer's concern that a person's disability will be exacerbated by stress in the workplace and the concern that disabled individuals will face increased risk of injury in the event of an evacuation from the worksite or other similar emergency.