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Can an employer deny a job applicant a position solely because the applicant's physical condition would increase the risk that he might injure himself on the job? This was the question addressed recently by the 9th Circuit. In a decision with broad implications for employers throughout the nation, the court found that the ADA's "direct threat defense" is available only to the extent it can be shown that an employee poses a significant risk to the health or safety of others.
July 20, 2000 at 12:00 AM
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The original version of this story was published on Law.Com
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