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Ex. DUT-FED-032 Standing duty Primary source read

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation) · United States (Federal)

The COVID Project

The record

Jurisdiction
United States
Level
Federal
Authority
42 U.S.C. 12116; 29 C.F.R. 1630.2(r)
Issued
1991-07-26 July 26, 1991
Effective
standing (read as 1991-07-26)
End
standing (read as 2021-09-30)
In force
Standing since July 26, 1991 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • covered employers
Character
regulatory framework
Collection
Standing duties: Federal layer DUT-FED

Operative words

(r) 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... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Penalty

not applicable

What it required

Defines the standard the EEOC applied in March 2020 when it stated that, 'based on guidance of the CDC and public health authorities as of March 2020, the COVID-19 pandemic meets the direct threat standard' (Ex. AGY-FED-LABOR-IMMIGRATION-082).