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Video

  • 9 minutes

Direct Threat Defense

 

The direct threat defense is a unique defense.

There is a split in the courts over whether the employer must prove that the employee is a direct threat or; the employee bears the burden of proving they are not a direct threat. If the essential job duties implicate the safety of others, employee always bears the burden of showing she can perform the job without posing a direct threat to others. This video discusses factors to consider when determining if an employee poses a direct threat as well as several case studies.

Runtime: 8 minutes
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Agenda

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Faculty

Frank C. Morris, Jr.

Frank C. Morris, Jr.

Epstein Becker & Green, P.C.

  • Chair, employment law practice in Washington, D.C. and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
  • Speaker on the ADA and employment law to the judicial conferences for the federal judges of Third, Fourth, Fifth, Sixth, Seventh and Eleventh Circuits
  • Adjunct professor at the George Washington University Law School
  • Named to The Best Lawyers in America and the Washington, D.C. Super Lawyers list and included in Washington, D.C. and Baltimore’s Top Rated Lawyers
  • Represents and counsels employers and public accommodations nationally in employment, labor, leave and disability matters
  • Can be contacted at [email protected]
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