Louisiana court rules on direct-threat analysis in disability case

To be a “qualified individual with a disability,” a person with a disability must be able to perform, with or without a reasonable accommodation, the essential job functions of the job she holds or desires. The law allows for a requirement that an individual not pose a direct threat to the health or safety of others in the workplace. Properly determining when a person poses a direct threat depends on the objective reasonableness of the employer’s actions. Put another way, your determination can’t be based on generalizations, perceptions, or stereotypes but rather must involve an evaluation of the employee in her “actual state.” A recent decision from the federal district court in Baton Rouge serves as a good reminder of what the individualized assessment should look like for you to rely on the direct-threat defense.

Employee’s job and essential functions

Elridge LeBlanc worked as an operating technician for Honeywell International, Inc., which manufactures various chemical products. He operated equipment regulating the mix, feed, and flow of chemicals in the manufacturing process and collected data and samples as part of routine inspections. He received training on safety precautions, including protocols to follow in the event of a gas leak.