Many disabled employees are upset that their boss or manager fired them and called them a “direct threat.” They will vehemently tell our disability discrimination lawyers that they never made a threat to anyone; that they are peaceful and work well with their coworkers. This confusion in understandable, but the term “direct threat” when dealing with disability accommodations in the workplace does not me threatening. Losing a job is stressful, but being If you have been wrongful termination or face disability discrimination, document everything and seek legal advice from an employment discrimination lawyer to evaluate your employment law options under. Being fired after working hard due to a disability can feel like a betrayal.
Under the Americans with Disabilities Act (“ADA”), employers cannot terminate employees simply because they have a disability. However, there are exceptions, and employers will often argue that a medical condition prevents an employee from performing their job safely. That is exactly what happened in Smith v. Newport Utilities, 2025 WL 635334 (6th Cir.). The United States Court of Appeals for the Sixth Circuit held that an employer may fire an employee with a disability if they pose a “direct threat” to workplace safety that cannot be reasonably accommodated.
Larry Smith worked for Newport Utilities for over 30 years, earning a reputation as a skilled and reliable employee. However, after suffering from seizures, his ability to perform his job safely was questioned. In March 2020, he had a seizure while driving a company truck, causing him to swerve out of his lane. Later that year, during a particularly grueling shift in extreme heat, he was found collapsed on the ground, prompting emergency responders to be called. His employer placed him on leave and, despite medical evaluations suggesting he could work with modified duties, ultimately forced him to retire. The Sixth Circuit Court of Appeals held that Smith’s medical condition posed a ‘direct threat’ that could not be accommodated without significant changes to the job’s essential functions.
If you believe you have been fired due to a disability, keep reading to understand your rights and what you can do next.
What Counts as Disability Discrimination in the Workplace?
Disability discrimination occurs when an employer treats an employee unfairly due to a medical condition. The ADA protects employees by making it illegal for employers to:
- Fire an employee simply because they have a disability
- Refuse to provide reasonable accommodations
- Treat a disabled employee differently from other workers
In Smith, the employer argued that the employee, Larry Smith, could not safely perform his job due to his seizure condition. The Sixth Circuit Court of Appeals found that Smith’s seizures, which caused him to collapse at work and swerve off the road while driving a company truck, posed a significant safety risk. The Court held that employers could terminate an employee with a disability if they can prove that the employee is a “direct threat” to themselves or others.
Best Disability Accommodation Lawyer Blogs on Point:
- Be Careful What You Ask For: How A Wrong ADA Accommodation Request Can Backfire
- Employers Cannot Fire Employees For Failing Timely Call Off If Due To Disability Or FMLA
- How Much Detail Must Be In A Request For A Workplace Disability Accommodation?
What Is a “Direct Threat” Under the ADA?
A “direct threat” means an employee poses a significant risk of harm to themselves or others that cannot be eliminated by a reasonable accommodation. Courts typically will consider four factors when determining if a disability accommodation need be provided or whether a direct threat exists:
- How long the risk lasts
- The severity of the potential harm
- The likelihood of the harm occurring
- How soon the harm could happen
In Smith, the Sixth Circuit Court of Appeals held that the employee’s history of seizures posed a serious safety risk. The employer provided medical evidence that working long hours and extreme weather conditions increased the likelihood of more seizures. The Court also noted that no doctor had cleared Smith to return to his job without restrictions. Since no reasonable accommodation could eliminate the safety concerns, the employer lawfully terminated him.
Best Employee’s Rights Attorney Blogs on Point:
- What’s A Direct Threat Defense Under The ADA?
- ADA Disability Accommodation Law: Help Me, Help You
- How Are Reasonable Disability Work Accommodations Decided?
- Can My Job Force A Disability Accommodation On Me?
What If My Employer Says There Are No Reasonable Accommodations?
A key issue in many wrongful termination cases is whether a reasonable accommodation could allow the employee to continue working. Reasonable accommodations can include:
- Modifying work schedules
- Reassigning the employee to a different position
- Providing assistive technology
In Smith, the Sixth Circuit Court of Appeals held that the employer was not required to remove essential job duties, such as working overtime and standby shifts. The Court noted that “when dealing with an enduring risk of extreme harm, an employer need not show a high likelihood of the risk being realized.”
However, every case is different. If your employer refuses to discuss accommodations, they may be violating the law. Speaking with an employment law attorney is crucial when dealing with employment discrimination, disability failure to accommodate, and wrongful termination cases. Talking with an attorney is the best way to determine if you have a claim.
Best ADA Attorney Blogs on Point:
- My Job Denied My Disability Accommodation Request – What Now?
- When Employers Accommodate But Not Exactly How Employees Want: Can I Sue?
- ADA: Employees Cannot Demand A Specific Accommodation
How Do I Find the Best Employment Lawyer for My Disability Discrimination Case?
If you believe you have experienced employment discrimination, you need a skilled attorney who fights for employees—not employers. Many people search online, asking: “Who is the best employment lawyer for wrongful termination cases?”
Spitz, The Employee’s Law Firm, is one of the largest law firms in the country dedicated solely to employee rights. We provide free initial consultations, allowing employees to get answers without any financial risk. With a no-fee guarantee, clients do not pay unless we win their case. Our attorneys bring extensive trial experience and a proven history of great results. More importantly, we genuinely care about the individuals we represent—you are not just a case number to us. If you have been wrongfully fired, do not wait. Contact Spitz, The Employee’s Law Firm today to discuss your case. The best way to protect yourself from workplace discrimination is to know your rights and consult with a skilled employment law attorney.
Best Employment Law Firm Blogs on Point:
- Avoid Missed Deadlines: Win Your Wrongful Termination Case
- One More Reason Representing Yourself In Employment Discrimination Cases Is Bad
- It’s Not Disability Discrimination If You Report You Are Not Disabled And Harass Customers and Managers
Employment Lawyer Disclaimer
This disability discrimination and wrongful termination blog provides general information and should not be taken as attorney advice on employment law. Every employment law case is unique, and you should consult with a qualified employment law attorney for specific advice regarding your workplace situation or your wrongful firing. No promises are being made, and past results do not guarantee future outcomes. This blog is a legal advertisement.