Threats in the Workplace

Excerpted from Disability Discrimination Law, Evidence and Testimony: A Comprehensive Reference Manual for Lawyers, Judges and Disability Professionals

By John W. Parry, J.D.

The following factors, which derive in part from the U.S. Supreme Court’s decision in the Arline case (School Board of Nassau County, Fla. V. Arline), are relevant in deciding whether such a threat exists in the workplace:

• the degree of risk;
• the specificity of the risk;
• the timeliness of the risk;
• the medical or other evidence of the risk; and
• whether a reasonable accommodation can reduce or eliminate the risk.

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