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Workplace Safety: Understanding Direct Threat Under the ADA and the PHRA

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Excerpted from 5th National Conference: Disability Issues in Employment and Education Law, Recorded on June 22, 2018


Robert Goldman, North America Employment Law Lead, Accenture, Chicago, IL
Lauren M. Hoye, Esq., Partner, Willig, Williams & Davidson, Philadelphia, PA
Olabisi Ladeji Okubadejo, Of Counsel, Ballard Spahr LLP, Baltimore, MD
Moderator: Terri M. Solomon, Shareholder, Littler Mendelson P.C., New York, NY

What do the ADA and PHRA require when an employee with a disability poses a potential threat to the health and safety of himself/herself or others? This panel provides an overview of the protections for employees under the ADA and its regulations and the PHRA; reviews EEOC guidance and recent case law; and provides helpful tips about conducting an individualized assessment, obtaining and evaluating medical evidence of direct threat, avoiding common pitfalls, and evaluating reasonable accommodations to address the potential threat.

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