Perceived Threat

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The Americans With Disabilities Act permits an employer to deny employment to a person who would create a “direct threat” to the safety of himself or others in the workplace. A company with a warehouse operation refused to place a blind employee into its warehouse, asserting this defense, and the EEOC persuaded a jury to rule against the warehouse. The Tenth Circuit just reversed the outcome, because the direct threat jury instruction was wrong. EEOC v. Beverage Distributors Co., No. 14-1012 (10th Cir. Mar.16, 2015). The jury instruction required the warehouse to prove that the employee created a direct threat and that there was no reasonable accommodation possible. That was more than the law required, according to the court. The warehouse only had to prove it had a reasonable belief that the worker would create a direct threat, not that he actually did so. That distinction could have affected the outcome, and so the case was sent back for another trial.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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