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ARTICLE · 31 OCTOBER 2002

Disability Law Updates

United StatesEmployment and HR
Lewis Brisbois Bisgaard & Smith LLP
Lewis Brisbois Bisgaard & Smith LLP
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Direct Threat Defense

Recently, the United States Supreme Court resolved whether an employer may defend a disability discrimination case brought under the Americans with Disabilities Act ("ADA") by arguing that the employee's disability posed a "direct threat" to the health and safety of that individual employee in the workplace. The Supreme Court held in Chevron USA, Inc. v. Echazabal that the defense was available to employers and reversed the Ninth Circuit Court of Appeals.

Echazabal

worked for various maintenance contractors in the coker unit of Chevron's oil refinery in El Segundo, California. In 1992 and 1995, he applied to work directly for Chevron in the same unit. Both times Chevron offered Echazabal a position contingent on him passing a physical examination. When the results of the examinations showed that Echazabal suffered from chronic hepatitis C, Chevron determined that Echazabal's liver might be damaged by the chemicals at the plant, and rescinded the job offers.

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