Significant Risk Factors:

A significant risk factor is based upon a medical examination or inquiry that indicates the job applicant has a condition that poses a direct threat to the safety of others, the applicant, or to property.

Employers must now make a case-by-case assessment based on current and objective evidence before refusing to hire a job applicant with a disability because of a potential threat to safety.

After identifying the cause of the risk, the employer must determine that the risk is significant.

An elevated risk of harm does not suffice: the risk must represent a high probability of substantial harm. In evaluating the significance of the risk, the employer may consider:

1. The duration of the risk,
2. The nature and severity of the potential harm,
3. The likelihood that the potential harm will occur,
4. The imminence of the potential harm

Example:

A person with Tourette's Syndrome having uncontrollable twitches would be considered a significant risk in a job that requires precise, fine motor movements, such as a surgeon.

A person with epilepsy who does not have their seizures under control would be considered a significant risk as a construction worker if working at great heights was a requirement.