If the disability claimed by an employee is based on a disease,the court will determine whether the employee is otherwise qualified by:

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The issue of the level of risk the disabled employee poses to himself/herself or to others is crucial to the determination of whether the applicant is otherwise qualified for a position. Where the claim of disability is based on a disease, the U.S. Supreme Court holds that the determination of whether an individual is "otherwise qualified" should be based on the following factors: 
• the nature of the risk (how the disease is transmitted), 
• the duration of the risk (how long the carrier is infectious), 
• the severity of the risk (potential harm to third parties), and 
• the probability that the disease will be transmitted and will cause varying degrees of harm.

If the Disability Claimed by an Employee Is Based on a Disease,the