Authority: IC 22-9-5-27

Affected: IC 22-9-5

Sec. 3. "Direct threat" means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a direct threat shall be based on an individualized assessment of the individual's present ability to safely perform the essential functions of the job. This assessment shall be based on a reasonable medical judgment that relies on the most current medical knowledge or on the best available objective evidence. In determining whether an individual would pose a direct threat, the following factors must be considered:

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

(Civil Rights Commission; 910 IAC 3-2-3; filed Dec 31, 1998, 2:10 p.m.: 22 IR 1516; readopted filed Oct 18, 2005, 2:30 p.m.: 29 IR 897; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA; readopted filed Sep 27, 2019, 2:32 p.m.: 20191030-IR-910190407RFA)