Today, the U.S. Supreme Court – in what is probably the most important of a trio of challenges this term under the Americans with Disabilities Act – will take up Chevron’s claim that the ADA does not require employers to hire disabled job applicants when the sought-after job poses a direct threat to the applicant’s life or health. Chevron U.S.A. v. Echazabal, No. 00-1406.
The company’s challenge will draw the justices into the tension between the language of the ADA, which expressly gives employers a defense to liability when they refuse to hire a disabled applicant whose hiring poses a direct threat to others, and regulations issued by the Equal Employment Opportunity Commission, which extend that defense if an employee poses a direct threat to himself as well.
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