Question

What is the "Direct Threat Defense" and could you argue the Government is immune from liability if Brad sues? Why or why not?

Answer 1

The rights and protections afforded to those with disabilities by the Americans with Disabilities Act (“ADA”) are not without limitations. Accommodations for disabled employees must be reasonable, and the employee must still be able to perform essential job functions with an accommodation. Additionally, the employee’s disability cannot pose a risk to her- or himself or others in the course of job functions if that risk cannot be eliminated or reduced by a reasonable accommodation. This is known as the “direct threat” defense.

In this case, I would have to say I do believe the government is immune from liability if Brad sues. Being in the position that Brad is in as an air traffic controller, it is imperative that he is in good health and keep his blood pressure regulated in an effort to make sure his daily work tasks are carried out in the most efficient manner possible.