1) The individual poses a “direct threat” to the health and safety of others.
Factors to be considered are the duration of the risk posed, the nature and severity of the proposed harm, and the imminence and likelihood of the harm.
2) The employer was not made aware of the need for accommodation. In many instances, almost any request by an employee related to a medical
condition is sufficient, provided that it is sufficiently specific.
3) The requested accommodation poses an “undue hardship” on an employer in that it is significantly difficult or expensive, considering factors such as the nature and cost of the accommodation, the nature of the employer’s facility and operations, and the employer’s resources.
4) A reasonable accommodation was offered and refused.
American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006
