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Eighth Circuit Upholds ADA Direct Threat Defense for Safety-Sensitive Position

ABSTRACT: The Americans with Disabilities Act recognizes a “direct threat” defense to disparate treatment claims, where an employer can establish that the employee poses “a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.” In Christensen v. Union Pacific Railroad Co., the 8th Circuit Court of Appeals affirmed summary judgment finding that Union Pacific established its direct threat defense because its fitness-for-duty restriction was based on a proper individualized assessment, was objectively reasonable, and relied on the best available objective medical evidence.

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