Leo works for FLYME Airlines as an air traffic controller at a busy city airport. For the last two years, his health has been deteriorating. He sits all day, does not exercise, has gained 28 pounds and has slowly developed high blood pressure. Leo recently had a heart attack and is worried the stress of his job will be too much for him. He is nearing retirement but does not want to stop working. You are Leo’s boss and not happy with his job performance or his physical or mental state. You are worried about his personal health and more so, his ability to do the job safely and the safety of others.
Discuss the following:
- Determine and identify the law in your home state as to Worker’s Compensation and who is entitled to it. Then, provide what the company’s options are and whether Leo qualifies for workers’ compensation due to his health issues and high blood pressure. Analyze the key legal and ethical issues faced by you, the employer and what some of the arguments would be on both sides if Leo applies for worker’s compensation.
- Explain the Direct Threat defense pursuant to the Americans with Disabilities Act and whether the employer can fire Leo using the defense.
- Summarize your understanding of Unions and some of the key issues that are important to both employees and employers today.