How should court rule on john motion to strike defense


Problem: John was discharged when his employer, a trucking company, learned that John was infected with the HIV virus. The employer insists that it based that decision on the determination by its Director of Human Resources that John posed a direct threat to the safety and health of his co-workers. How should the court rule on John's motion to strike this defense? Group of answer choices grant it because the risk assessment was not based on objective, scientific evidence but only the personal views of the Director of Human Resources deny it because the risk assessment was based on the good faith opinion of the Director of Human Resources grant it because an HIV infected individual can never pose a direct threat to the safety or health of others deny it because HIV infection is not a physical impairment

 

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