If you have a physical or mental disability, the Americans with Disabilities Act (ADA) provides crucial legal protections in the workplace. An employer may not take any adverse employment actions against you based on your condition. However, the law allows for an exception in cases where an employee poses a significant safety risk to themselves or others and constitutes a “direct threat” under the ADA. If your employer wrongfully terminated you for being an incorrectly perceived “direct threat” or didn’t offer you reasonable accommodation, a knowledgeable employment lawyer can advise you regarding your rights.

How Does the ADA Protect Employees?

The ADA protects employees who have certain disabilities when it comes to all aspects of employment. Notably, the Act makes it unlawful to discriminate against a disabled employee when it comes to hiring, firing, pay, promotions, and demotions. In addition, an employer is required to offer reasonable accommodation to disabled employees so that they may perform the essential functions of their job.

The question remains what is a reasonable accommodation? A reasonable accommodation is a modification or adjustment to the work environment that allows a disabled employee to carry out their job-related tasks and enjoy equal employment opportunities. Based on the specific disability and position, this can include modifying equipment, restructuring the job, altering the employee’s work schedule, reassignment, providing accessible parking, and offering remote work. After an employee requests a reasonable accommodation, the employer and employee should engage in an interactive process to determine the employee’s needs and discuss the potential accommodation. An employer is not required to provide a reasonable accommodation if doing so would cause them an undue hardship or a “direct threat” exists.

What Constitutes a Direct Threat Under the ADA?

While employees are required to provide reasonable accommodation to an employee with a disability covered by the ADA, there is a specific exception for those who pose a “direct threat.” A “direct threat” under the ADA is defined as “a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.”

Some examples of a “direct threat” can include an employee with a contagious disease in a job requiring close contact, or a seizure disorder in a job that requires operating heavy machinery. Certain mental health conditions that include violent or unpredictable behavior that could pose a risk to others may also constitute a “direct threat” in the workplace.

How is a Direct Threat Determined?

To determine whether an individual poses a “direct threat,” the employer must conduct an individual assessment of the employee’s ability to safely perform the essential functions of their job. Pursuant to the ADA’s requirements, this assessment must be based on either 1) a reasonable medical judgment that relies on the most current medical knowledge, or 2) the best objective evidence that is available.

An employer must consider four factors when making a “direct threat” determination, including the following:

• The duration of the risk
• The nature and severity of any potential harm
• The likelihood that the potential harm will occur
• The imminence of any such potential harm

If these elements are not met, an employee with a qualifying disability must be provided with a reasonable accommodation.

Can You Sue Your Employer if You Were Terminated for Being a Direct Threat?

The direct threat rule is a very narrow exception under the ADA. If your employer wrongfully discriminated against you due to your disability or unlawfully classified your disability as a “direct threat” and terminated you from employment, you may be entitled to take legal action. Generally, you must first file a charge with the Equal Employment Opportunity Commission (EEOC) before you can pursue a lawsuit. The EEOC will investigate your claim and assist you with resolving the dispute through mediation with your employer. If mediation attempts fail, the EEOC will issue a right to sue notice, which allows you to take your case into federal court.

If you prevail in court, you may be entitled to the following damages:

• Injunctive relief — A court may issue an injunction to stop the employer from engaging in discriminatory behavior.
• Compensatory damages — Compensatory damages are meant to compensate for the financial harm you suffered due to your employer’s discrimination, as well as any emotional harm. These damages can include medical treatment, lost wages, lost benefits, out-of-pocket costs, emotional distress, and mental anguish.
• Attorney’s fees — If you prevail in a lawsuit under the ADA, you may be entitled to recover your attorney’s fees.

In cases where an employer’s conduct was particularly egregious, punitive damages may be awarded. This category of damages is not meant to compensate an employee — they are intended to punish the employer and deter others from engaging in similar wrongful conduct.

Contact an Experienced Ohio Employment Law Attorney

If you were wrongfully terminated from your employment due to your disability, it’s essential to understand your legal rights and options. Located in Westlake and providing trusted counsel to clients throughout Ohio, the employment law attorneys of Lalak LLC represent employees for a wide range of employment matters, including ADA violations. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can help.