147 Determining Direct Threat

An individual is not “qualified” for the position if his or her performance in the job would result in a direct threat. “Direct threat” means a significant risk of substantial harm to the health or safety of the individual or others that a reasonable accommodation cannot eliminate or reduce to an acceptable degree. The risk of harm must be more than just speculative or hypothetical. There must be a high probability of verifiable, substantial harm.

To this end, objective, factual, medical or scientific evidence must support a determination that a person poses a direct threat. The determination of whether an employee poses a direct threat must be based on an individualized assessment of that person’s actual ability to perform safely the essential functions of the job in light of the following factors:

In assessing the degree of risk, consider the following:

In determining whether the individual poses a direct threat, the Postal Service must also consider whether there is a reasonable accommodation that would reduce the risk to an acceptable level.