HR Glossary

Direct threat

What is a direct threat in HR?

In the workplace, a direct threat refers to a situation where an employee poses a significant risk of substantial harm to themselves or others. The situation becomes a direct threat when the risk is serious and cannot be made safe even through reasonable accommodations.

What counts as a significant risk under direct threat?

For a risk to be classified as a direct threat, its impact must be significant and must be based on objective evidence. Here's what counts as significant risk under direct threat:

1. Risk of serious physical injury to peer employees, customers, or the public
2. Risk of serious self-harm due to inability to safely perform essential job duties
3. Risk of violent behavior supported by credible, objective evidence
4. Risk of severe workplace accidents, especially in safety-sensitive roles
5. Risk of transmitting a highly contagious disease in environments where exposure could cause significant harm
6. Risk of operating heavy machinery or safety-critical equipment while in a medically unsafe condition

What is an example of a direct threat?

Say an employee's role includes transporting colleagues between locations, but they have a vision impairment that limits their ability to read road signs properly, detect obstructions, and judge distances. This can pose a significant risk of harm to the employee, their passengers, and the general public. If the risk is difficult to eliminate, even with reasonable accommodations like eyewear, corrective lenses, or appropriate treatment, the situation may meet the definition of a direct threat.

What are the characteristics of a direct threat?

Here are some key characteristics of a direct threat:

1. Significant risk: The risk must be serious harm, not something that's minor or speculative.
2. Substantial harm: The harm caused by the individual has to be serious, like an injury or accident.
3. Objective evidence: There should be actual evidence to support the harm or damage.
4. Not impacted by reasonable accommodations: No possible accommodation was able to prevent the risk.
5. Likelihood of the threat: The harm should be very likely to happen for it to be classified as a direct threat.

Can an employer terminate an employee if they're seen as a direct threat? 

Yes, an employer may terminate an employee who poses a direct threat to the health or safety of others. However, the decision must be based on objective evidence and an individualized assessment. The employer must also determine that the risk cannot be reduced through reasonable accommodation. Termination cannot be based on assumptions, stereotypes, or subjective fears.

What are the legal risks of incorrectly labeling someone as a direct threat?

Any employee who has been labeled as a direct threat incorrectly can file a claim under the Americans with Disabilities Act for discrimination. The employer may face investigations, audits, lawsuits, litigation, and even hefty penalties.