Compiled by GayToday
Lambda Legal Defense and Education Fund
New York, New York--On behalf of the American Public Health Association, the American
Association for the Study of Liver Disease, and several hepatitis-C education associations,
Lambda Legal is asking the United States Supreme Court to reject an employer's argument that, under
the ADA, it can fire a healthy worker with signs of liver disease because
it considers chemical exposure on the job dangerous to his future health.
On Wednesday, February 27, at 10 a.m., the U.S. Supreme Court will hear
argument in Chevron U.S.A. v. Mario Echazabal. Lambda AIDS Project
Director Catherine Hanssens is the author of Lambda's public health brief.
"The ADA says that a person with a disability who is qualified for a job
and doesn't pose a threat to anybody else has the right to work," said
Hanssens.
She added:
"Chevron claims they denied Mr. Echazabal work for his own good, but the
experts unanimously agreed that any threat of liver disease to Echazabal from
chemicals in the refinery would be a danger to all employees."
The ADA allows employers to exclude workers with disabilities when their
disability poses a direct threat to others that can't be addressed through
a reasonable accommodation. Lambda maintains that the Americans with
Disabilities Act does not allow the exclusion of skilled workers "for their
own good" when the employer thinks a worker may face a future health risk
as a consequence of the job.
Echazabal had worked for a contractor in Chevron's El Segundo, California,
oil refinery for approximately 20 years. When Echazabal applied to work
directly for Chevron, it offered him a job but withdrew it when
Echazabal's pre-employment tests showed elevated liver enzymes even though
Echazabal had worked with his liver condition without incident for years.
|
Related Stories from the GayToday Archive:
Endangered Protections Plague the Americans with Disabilities Act
Hepatitis-C/HIV Co-Infection and Protease Inhibitors
New Results from Hepatitis B/HIV
Related Sites:
Lambda Legal Defense & Education Fund
GayToday does not endorse related sites.
|
"The ADA and worker safety policies require employers to safeguard the
health of all of their employees," Hanssens said.
"Chevron instead chooses to focus on getting rid of employees when medical
screening shows some defect. Are we really supposed to think that's about
protecting employees, and not about discrimination?"
|