You should know who your working for; Busse 3-year Discrimination suit finally settles for $20,900.
Channel: Mac Lane
Date: 20/03/2021

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Busse Combat Knife Company Pays $20,900 to Settle EEOC Disability Discharge Suit
Some or all of Plaintiff’s claims fail to state a claim upon which relief may
be granted.
AFFIRMATIVE DEFENSES
24. Plaintiff failed to properly serve Defendant with a Waiver of Service of
Complaint.
25. Plaintiff has failed to establish the procedural prerequisites for assertion of
a claim under the Americans with Disabilities Act (“ADA”) with respect to some of the
claims asserted in its Complaint.
26. Busse did not discriminate against Boss in any way.
27. All actions taken by Busse with respect to Boss were motivated by
legitimate, non-discriminatory and non-retaliatory reasons, and/or its legitimate
business interests or necessities.
28. Boss demonstrated his inability to perform the essential functions of his
job on repeated occasions.

29. The claims are barred in whole or part by the principles of waiver and/or
estoppel.
30. To the extent that they were not alleged or encompassed within the
administrative charge filed by Boss or the administrative investigation, the Federal
discrimination claims are barred.
31. Some or all of the claims must be dismissed because Boss failed to take
advantage of preventive and corrective opportunities provided by Busse.
32. All actions taken by Busse were taken to avoid a significant risk of
substantial harm to Busse’s employees, on the basis of objective evidence, in accordance
with the EEOC Guidelines regarding potentially dangerous employees.
33. All actions taken by Busse were taken for legitimate, non-discriminatory
reasons using the analysis of a potential, direct threat pursuant to the ADA in a
workplace that manufactures combat knives, where the knives are numerous and
unsecured.
34. All actions taken by Busse were taken in an effort to avoid potential
violence and resulting injuries and negligent retention claims.
35. All actions taken by Busse resulted from Busse’s objectively reasonable
determination that Grant Boss posed a direct threat in Busse’s workplace and was
therefore not a “qualified” individual under the ADA.
36. All actions taken by Busse were in accordance with Busse’s duty to
maintain a safe workplace under the general duty clause of OSHA.
37. The claims against Busse must be dismissed because Busse did not aid,
abet, ratify, condone, encourage, or otherwise acquiesce in any alleged discriminatory
conduct
38. Plaintiff cannot establish that Boss was replaced by a person outside the
protected class or that a comparable non-protected person was treated better.
39. Busse took no negative or adverse action against Boss based in any way
upon his alleged disability or impairment. Plaintiff’s claims are barred under the “same
actor” doctrine.
40. Even if Plaintiff could prove that an unlawful reason was part of Busse’s
decision to terminate Boss, which Busse expressly denies, Plaintiff’s claims must fail
because Busse would have made the same decision absent such alleged unlawful reason.
41. Plaintiff’s claims for various types of relief are barred to the extent that
Boss failed to mitigate his damages.
42. Plaintiff’s claims for various types of relief are barred to the extent that
Boss failed to request any accommodations for his alleged disability or impairment.
43. Punitive damages are not recoverable against Busse as a matter of fact or
law under the circumstances of this case.
44. All damages alleged in the Complaint (the supposition that Boss even
suffered damages assumed only for purposes of asserting this defense) were proximately
caused by acts or events not of Busse’s making.
45. Busse denies all allegations not specifically admitted herein, and reserves
the right to amend or supplement its Answer and these Affirmative Defenses upon the
discovery of new or additional information.
WHEREFORE, Defendant Busse denies that Plaintiff is entitled to the relief
prayed for in the Complaint or any other relief. Busse requests that the Complaint be
dismissed, that judgment be entered in its favor, and that the Court award its costs in
defending this action and all other relief that the Court deems appropriate. 

Dismissal Order. Counsel represent that this case has resolved. Settled and dismissed without prejudice. Each party is to bear its own costs. Any subsequent Dismissal with prejudice filed within 30 days shall supersede this Order. This Court also retains jurisdiction to enforce the terms of the settlement.