Direct Threat Defense – Discussion

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  • Brad
    is an air traffic controller who has had significant problems with high
    blood pressure. He has changed his diet and takes medication, but the
    problem persists. His doctor recommends that he find other employment
    because his job is very stressful and contributes to his high blood
    pressure. In fact, continuing to work at the job could lead to a massive
    heart attack. Brad has no training for any other job. Based on this
    scenario, you are Brad’s boss. Determine what the company’s options are
    and whether Brad qualifies for workers’ compensation due to his health
    issues. Be sure to explain when you are eligible for workers’
    compensation. Analyze the key legal and ethical issues faced by the
    employer throughout the process.
  • What is the “Direct Threat Defense” and could you argue the government is immune from liability if Brad sues? Why or why not?
  • Considering
    the effect of worker rights on global and developing economies, take a
    position on whether or not the U.S. government should “regulate” the
    global workforce of the U.S. Consider whether U.S. companies
    have a legal duty to their foreign employees working outside the
    jurisdiction of the United States? Justify your response.