UNITED STATES OF AMERICA

UNITED STATES OF AMERICA Americans with Disabilities Act ― permissibility of a regulation by the Equal Employment Opportunity Commission authorizing refusal to hire an individual because his performance on the job would endanger his own health ― scope of permissible adminstarative rule making HEADNOTES Facts Chevron refused to hire Echazabal because of his liver condition, which its doctors said would be exacerbated by continued exposure to toxins at its refinery, and also requested its contractors, which then employed Echazabal, either to reassign him to a job with no exposure to toxins or to remove him from the refinery. Echazabal filed suit against Chevron claiming that its actions violated the Americans with Disabilities Act (ADA). Chevron relied on an Equal Employment Opportunity Commission (EEOC) regulation per- mitting the defense that a worker's disability on the job would pose a direct threat to his health. The Federal District Court granted Chevron summary judgment, but the Court of Appeals for the Ninth Circuit reversed, finding that the EEOC regulation went beyond the scope of permissible rulemaking under the ADA. The Supreme Court granted ceritoriari. Decision Reversed. The ADA permits the EEOC's regulation. Chevron had a valid legal excuse for its actions. Law applied Americans with http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Martinus Nijhoff
Copyright
Copyright 2001 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
D.O.I.
10.1163/221160202X00158
Publisher site
See Article on Publisher Site

Abstract

Americans with Disabilities Act ― permissibility of a regulation by the Equal Employment Opportunity Commission authorizing refusal to hire an individual because his performance on the job would endanger his own health ― scope of permissible adminstarative rule making HEADNOTES Facts Chevron refused to hire Echazabal because of his liver condition, which its doctors said would be exacerbated by continued exposure to toxins at its refinery, and also requested its contractors, which then employed Echazabal, either to reassign him to a job with no exposure to toxins or to remove him from the refinery. Echazabal filed suit against Chevron claiming that its actions violated the Americans with Disabilities Act (ADA). Chevron relied on an Equal Employment Opportunity Commission (EEOC) regulation per- mitting the defense that a worker's disability on the job would pose a direct threat to his health. The Federal District Court granted Chevron summary judgment, but the Court of Appeals for the Ninth Circuit reversed, finding that the EEOC regulation went beyond the scope of permissible rulemaking under the ADA. The Supreme Court granted ceritoriari. Decision Reversed. The ADA permits the EEOC's regulation. Chevron had a valid legal excuse for its actions. Law applied Americans with

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 2001

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