capabilities, while protecting employees from employers whose attitudes remain mired in prejudice.). Direct Threat The ADA provides a defense if the employment or accommodation of an otherwise qualified, disabled individual would pose a direct threat to the individual or to others. The direct threat affirmative defense is applicable both to disparate treatment claims and reasonable accommodation claims. 536 U.S. 73 (2002); See Chevron U.S.A. Inc. v. Echazabal, Buskirk v. 307 F.3d 160, 168 (3d Cir. 2002). See 9.3.1 for an instruction on the direct threat Apollo Metals, affirmative defense. Statutory Definitions The ADA employs complicated and sometimes counterintuitive statutory definitions for many of the important terms that govern a disparate treatment action. Instructions for these statutory definitions are set forth at 9.2.1-2. They are not included in the body of the reasonable accommodations instruction because not all of them will ordinarily be in dispute in a particular case, and including all of them would unduly complicate the basic instruction.
capabilities, while protecting employees from employers whose attitudes remain mired in prejudice.). Direct Threat The ADA provides a defense if the employment or accommodation of an otherwise qualified, disabled individual would pose a direct threat to the individual or to others. The direct threat affirmative defense is applicable both to disparate treatment claims and reasonable accommodation claims. See Chevron U.S.A. Inc. v. Echazabal, 536 U.S. 73 (2002); Buskirk v. Apollo Metals, 307 F.3d 160, 168 (3d Cir. 2002). See 9.3.1 for an instruction on the direct threat affirmative defense. Statutory Definitions The ADA employs complicated and sometimes counterintuitive statutory definitions for many of the important terms that govern a disparate treatment action. Instructions for these statutory definitions are set forth at 9.2.1-2. They are not included in the body of the reasonable accommodations instruction because not all of them will ordinarily be in dispute in a particular case, and including all of them would unduly complicate the basic instruction.