FEHA clearly provides that an employee or applicant is not qualified if a disability poses a direct threat to his/her own health or safety.1 California’s disability regulations require employers to engage in the interactive process prior to determining that an employee’s health or safety is at risk.2 The EEOC’s regulations on the ADA contain the same provision. The U.S. Supreme Court upheld this interpretation of the ADA when it ruled that a job applicant would not be a “qualified individual” under the ADA if the essential duties of the job would pose a direct threat to his/her own health or safety.
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