THE DIRECT THREAT DEFENSE - STRIKING A BALANCE BETWEEN THE DUTIES TO ACCOMMODATE AND TO PROVIDE A SAFE WORKPLACE

Safety. It is in the forefront of many art employer's mind when addres sing difficult disability discrimination issues. Employers have an obl igation to accommodate the known limitations of an individual with a d isability. This may mean reinstating an employee to his or her former position despite some concern whether, given the employee's disability and attendant treatment and limitations, he or she can continue to sa fely perform the essential functions of the job. Employers have an equ ally important obligation to maintain a safe work environment for all their people, These two principles may at times appear to be at logger heads. This article discusses the legal standards which establish the appropriate balance between them.