Using the “Direct Threat” Defense to Withdraw an Offer of Hire to a Person with a Disability An employer may assert a “direct threat” defense when making a determination not to hire an applicant with a disability when the employer…

Employee Incapable of Complying with Valid Safety Requirements is Not a “Qualified” Individual An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA),…