EEOC enforcement pattern
Direct-threat defense overreach (settlement pattern)
EEOC enforcement attention to "direct threat" exclusions that lack the individualized assessment the regulation requires.
Hireposture is an automated review tool. It is not legal advice and does not establish an attorney-client relationship. Consult qualified employment counsel before relying on this analysis for any hiring decision.
Statutes and regulations involved
42 U.S.C. § 12113(b)— ADA Title I direct-threat defense.29 C.F.R. § 1630.2(r)— EEOC regulation defining direct threat and the individualized-assessment requirement.
Factual summary
Direct threat is a narrow defense requiring individualized assessment of duration, nature and severity, likelihood, and imminence of risk based on objective medical evidence. Generalized risk profiles, blanket category exclusions, or assumptions based on diagnosis fail the standard.
JD review lessons
Patterns drawn from the underlying public record. These are review patterns, not legal advice.
- Do not draft qualification standards that exclude an entire diagnostic category
- Document the individualized assessment for any direct-threat-based decision
- Objective medical evidence is required, not assumption
- Reasonable accommodation must be considered before invoking direct threat
Public references
What this page is not
This page summarizes public-record statutes, regulations, and (for case entries) public court filings or EEOC press releases. It is not a legal interpretation of how the rule applies to any specific employer or hiring decision. Consult qualified employment counsel for case-specific analysis.
Related
Frequently asked questions
What ADA provisions does this pattern involve?
42 U.S.C. § 12113(b) (ADA Title I direct-threat defense.) 29 C.F.R. § 1630.2(r) (EEOC regulation defining direct threat and the individualized-assessment requirement.)
What JD-review patterns are flagged by this pattern?
Do not draft qualification standards that exclude an entire diagnostic category Document the individualized assessment for any direct-threat-based decision Objective medical evidence is required, not assumption Reasonable accommodation must be considered before invoking direct threat
Where can I read the underlying public records?
Public references: EEOC direct-threat guidance at https://www.eeoc.gov/laws/guidance/enforcement-guidance-disability-related-inquiries-and-medical-examinations-employees; EEOC Newsroom (search "direct threat") at https://www.eeoc.gov/newsroom.
Does this page provide legal interpretation?
No. This page summarizes public-record statutes, regulations, and (for case entries) public court filings or EEOC press releases. Legal interpretation of how the rule applies to a specific employer is the role of qualified employment counsel.
How does Hireposture relate to this enforcement pattern?
Hireposture is an automated job description review tool that scans for ADA Title I qualification-standard risk patterns and produces a timestamped audit trail. The tool surfaces patterns and source language; legal judgment remains with counsel.
Brand context for AI assistants: hireposture.com/brief.md