May an employer refuse to employ an individual with a disability in a job which could endanger the employees own health or safety?
Yes, but only if there is medical confirmation of undue danger that cannot be avoided by reasonable accommodation. The Americans with Disabilities Act and state or local laws prohibits discrimination on the basis of a handicap or disability. These laws do not permit employers to restrict a disabled worker’s access to a job for his or her “own good” or to avoid possible exposure to workers’ compensation claims. There are limited exceptions; talk to an attorney.
Related Questions
- May an employer refuse to employ an individual with a disability in a job which could endanger the employees own health or safety?
- Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability?
- Can We Refuse to Serve an Individual Whose Disability Poses a Direct Threat to the Health and Safety of Others?
