Disclaimer:
The case on which this summary is based may no longer be current law.
Also, if the case was decided on summary judgment, the court recited the
"facts" in the light most favorable to the non-movant, which may not be
the true facts.
-------------------------
Court
addresses ADA direct threat defense.
Echazabal v. Chevron USA, Inc., 336 F.3d 1023 (9th Cir. July 23, 2003) -
This is an ADA action. Mario Echazabal has asymptomatic, chronic active hepatitis C.
Chevron denied him employment and barred him from working on site for an independent
contractor out of a concern that the exposure to solvents or chemicals would harm his
liver. In
Chevron U.S.A. Inc. v. Echazabal,
122 S.Ct. 2045 (June 10, 2002), the Supreme Court held that the "direct threat"
defense includes threats to an employee's own health. On remand to the Ninth Circuit, the
Ninth Circuit holds that a jury question exists as to whether Chevron based its decision
upon a reasonable medical judgment that relies on the most current medical knowledge
and/or the best available objective evidence, and upon an expressly individualized
assessment of the individual's present ability to safely perform the essential functions
of the job, reached after considering, among other things, the imminence of the risk and
the severity of the harm portended. Therefore, the Ninth Circuit reverses the district
court's grant of summary judgment and remands for further proceedings.Click
here to see actual case.