What is the “Direct Threat Defense” and, could you argue the government is immune from liability if Brad sues

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 wife thinks he should find other employment because his job is very stressful and contributes to his high blood pressure. She believes that if he continues at the job, he could have a heart attack.  Brad is an avid runner and healthy otherwise. Brad has no training for any other job. Based on this scenario, you are Brad’s boss.

  1. 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 and what the law is. Analyze the key legal and ethical issues faced by the employer throughout the process.
  2. What is the “Direct Threat Defense” and, could you argue the government is immune from liability if Brad sues? Why or why not?
  3. Considering the effect of worker’s safety rights on global and developing economies, take a position on whether or not the U.S. government should “regulate” the global workforce?   Do U.S. companies have a legal duty to their foreign employees working outside the jurisdiction of the United States?  Why or why not?  Justify your response.

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