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Enforcement Guidance on Disability-Related Inquiries and Medical ...
This document addresses when it is permissible under Title I of the ADA for employers to make disability-related inquiries or require medical examinations of employees.

Questions and Answers: Enforcement Guidance on Disability Related ...
This document provides summary explanations of what is contained in the EEOC's Enforcement Guidance about the ADA rules for when employers may and may not obtain medical information about their employees.

eCFR :: 45 CFR 84.75 -- Direct threat.
(c) In determining whether an individual poses a direct threat in employment, the recipient must make an individualized assessment according to the Equal Employment Opportunity Commission's regulation implementing title I of the Americans with Disabilities Act of 1990, at 29 CFR 1630.2 (r).

Court Finds an Employee’s Seizures Posed a “Direct Threat” Under the ADA
In a recent decision from the U.S. Court of Appeals for the Seventh Circuit, the court explained how an employer should evaluate whether a disabled person under the Americans with Disabilities Act (ADA) would pose a “direct threat” to others.

Understanding and Making Effective Use of Direct Threat Assessments ...
Understanding the ADA’s provision for direct threat assessments requires first understanding what the law allows and forbids when it comes to conducting any type of medical examination.

Understanding and Making Effective Use of Direct Threat Assessments ...
Understanding the ADA’s provision for direct threat assessments requires first understanding what the law allows and forbids when it comes to conducting any type of medical examination.

Q&A: Obtain medical opinion to evaluate direct threat under ADA ...
When you learn that an employee in a safety-sensitive job has a medical condition that affects their job performance or raises safety concerns, you can request a fitness-for-duty evaluation by their healthcare provider.

Threat Assessments in the Workplace: ADA, FMLA, Workplace Violence and ...
The Court looked at employee’s specific conduct and held that under California State law, an employer may distinguish between disability-caused misconduct and the disability in the limited circumstance of threats or violence against coworkers.

29 CFR 1630.13 -- Prohibited medical examinations and inquiries.
Except as permitted by § 1630.14, it is unlawful for a covered entity to require a medical examination of an employee or to make inquiries as to whether an employee is an individual with a disability or as to the nature or severity of such disability.

What Does “Direct Threat” Mean – A Deconstructive Series for ADA ...
To answer that question, if an employee is creating a safety risk and they also happen to have a disability, employers can go through the process of determining a direct threat to ensure the employee is fairly treated.

 

 

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