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

Week 9 Discussion:

  1. 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.
  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 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.

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