Steel plant forges direct threat defense to seize victory

By its nature, the Americans with Disabilities Act (ADA) contains features that appear in no other antidiscrimination law. While laws banning discrimination based on race, sex, age, and the like generally require equal treatment regardless of the protected characteristic, the ADA requires employers to take affirmative steps to make reasonable accommodations for disabled employees and candidates. Another feature unique to the ADA is an affirmative defense under which employers can establish that a qualification standard that tends to screen out individuals with a disability is necessary to prevent a “direct threat to the health or safety of” the individual or others in the workplace. A recent decision from the U.S. Court of Appeals for the 7th Circuit (which covers Illinois, Indiana, and Wisconsin) might galvanize employers with safety-sensitive positions.

Seize the day

Russell Pontinen has experienced three or four seizures during his lifetime. The first occurred when he was eight years old, and the next when he was 22. In June 2014, he experienced his third seizure, and that was followed two months later by a “heat-related illness” that could have been a fourth seizure.

After the June 2014 seizure, Pontinen began treatment with neurologist George Abu-Aita. The doctor determined that his seizures weren’t well controlled and prescribed him Trileptal. He experienced negative side effects from the medication, however, and didn’t take it daily as prescribed.