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Should The Employer Escape Liability For Disability Discrimination Based On Its Irrational Assumption? Essay

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INTRODUCTION
Consider the following example: after two suicide attempts, an employee with a known psychiatric disability was hospitalized. Eventually, the employee was allowed to return to work pending a medical examination from the employer’s chosen physician to determine whether the individual could safely perform the essential job functions. The employer’s physician concluded that the employee with a disability could not safely return to work because she posed a risk of a direct threat to herself. However, the employee’s treating physician concluded that she could safely perform the job without posing a risk of a direct threat. Despite these competing medical evaluations, the employer disregarded the employee’s medical evaluation and the individual. Should the employer escape liability for disability discrimination based on its irrational assumption and unfounded stereotype that an individual with a disability is dangerous?
Since Congress enacted the Americans with Disabilities Act of 1990 (“ADA”), courts have lowered the bar for employers who seek to avoid an ADA violation through the direct threat defense. Often times, there are competing medical evaluations between the employer’s chosen health care professional and the employee’s treating physician in analyzing whether the employee poses a significant risk of harm to themself or others. Courts are highly deferential to an employers’ judgment in assessing the direct threat standard. Recently, courts have

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