Direct Threat Defense for Brad

Brad is an air traffic controller for a private airport that works with exclusive executive clients. He has 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.

  • 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.
  • What is the Direct Threat Defense and could it protect the company if they fired Brad?
  • Workplace safety is very important today. Once an employer is “informed” about a potential risk for violence in the workplace, it exposes itself to liability for negligence if it “fails to take reasonable steps” to prevent injury. What steps are “reasonable” if you are an employer and must consider safety in the midst of a potential risk of violence in the workplace? Share your thoughts?

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