Main Content
Occupational Safety and Health
Safety as an affirmative defense under the ADA
What about the refusal of an employer to hire an individual with a disability because the employer believes the person would pose a safety risk to him/herself or others? The following case addresses this affirmative defense to a claim under the ADA. Note that this defense was not changed by the ADAAA.
This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.