Direct Threat Issues in the Employment of Persons with Disabilities

Abstract

In the decade since initial implementation of the Americans with Disabilities Act in the United States, many questions have arisen pertaining to the rights of employers and employees in light of the employment of and services that must be provided to persons with disabilities. One of the most controversial aspects of the legislation is the issue of direct threat. This relates to the concern that workers or clients with disabilities may be a threat to others due to their condition. Integral to this fear is the employer's ability to protect persons within the work environment from such a threat, while remaining in compliance with the ADA. This paper considers the issue of direct threat and its pertinence to the social work profession, and provides recommendations for employers and supervisors in the field.

Key Words:

• Direct threat
• ADA
• social work
• employment discrimination
• Rehabilitation Act of 1973
• people with disabilities