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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.... Direct Threat and Psychiatric Disabilities The EEOC has taken the position that merely because a job applicant or employee may have a history of a psychiatric disability this does not mean that the person poses a direct threat. The same... Diseases that Can Be Transmitted Through Food Handling In accordance with its obligations under the ADA, HHS' Public Health Service (''PHS'') published an interim list of communicable diseases that may be transmitted through the handling of food.... Establishing a ''Direct Threat'' Under the ADA Under the ADA, an employer faced with a charge of discrimination by an individual with a disability can raise the affirmative defense that the person poses a ''direct threat.'' The employer's... Food Handlers Exception to the ADA The ADA contains a specific provision allowing employers to transfer individuals with ''infectious and communicable diseases'' from food handling jobs if the danger to public health and safety... Procedures for Reducing Risk by Food Handles While the PHS noted that foodborne disease may be transmitted by individuals possessing the tested pathogens, ''the contamination of raw ingredients from infected food-producing animals... Purpose of Food Handlers Provisions Public information is a critical component of the food handling provision of the ADA. As noted by the Conference Committee, ''instead of allowing false perceptions to determine whether... The ''Direct Threat'' Standard Under the ADA The ADA specifically defines ''direct threat'' as constituting a ''significant risk to the health or safety of others that cannot be eliminated or reduced by reasonable accommodation.''... What IS “Direct Threat to Health or Safety” Under ADA An employer's qualification standard may include a requirement that an individual ''not pose a direct threat to the health or safety of other individuals in the workplace.'' Thus, an employer... |
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