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BT Currents - Hot Topics in Employment Law

03 Jul Establishing Direct Threat: How to Leverage the “Individualized Assessment”

Successfully asserting the Americans with Disabilities Act’s (ADA) direct threat affirmative defense is difficult.  It is disfavored because of the fear that well-intentioned concerns of injury will otherwise result in qualified disabled individuals being excluded from work.  A recent federal trial court decision, involving an operator at an ExxonMobil chemical plant shows how an employer can establish a direct threat disqualification in the face of conflicting medical opinions. The case is Spencer-Martin v ExxonMobil Corp., M.D. La., No. 16-789 (June 15, 2018).   The ADA’s…

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