“For the Love of God! Open This Door!”: Individual Rights versus Public Safety Under the “Direct Threat” Standard of the Americans with Disabilities Act After Three Decades Of Litigation
Van Detta, Jeffrey
Abstract
This article investigates the ADA's direct-threat standard, opening with the story of Germanwings Flight 9525. It examines a disability lawsuit, EEOC v. Beverage Distributors Company, LLC, as well as the determination in Stragapede v. City of Evanston, Illinois. The article concludes by proposing a tri-partite medical review option for employers.