What if an employer believes that the employee cannot perform the job safely, and he/she feels that the employee threatens the safety of employees and others?
An employer may require that an employee not pose a direct threat to the health or safety of other individuals in the workplace. This direct threat must be significant and immediate and must not be based on stereotypical assumptions but on real data. The employee must not be refused the opportunity of employment unless the direct threat cannot be eliminated with a reasonable accommodation. An employer must research possible accommodations before rejecting an employee based on possible threats to safety. Calls to disability agencies (e.g., the Epilepsy Foundation) or the Centers for Disease Control may be helpful. The ADA has specific rules for food handlers with infectious diseases as listed by the Secretary of Health and Human Services. Title II: State and Local Government What are the requirements for state and local governments? Are they different from privately owned public accommodations? Similar to Section 504 of the Rehabilitation Act of 1973, no state or local government entity
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