Business Services Industry

Ruling on safety issues; Disabled can't be denied jobs that pose personal risks: Court.

Business Insurance, June, 2000 by GREENWALD, JUDY

SAN FRANCISCO -- Employers could find themselves in a dilemma over which laws to obey in light of a federal appellate decision that says a disabled employee cannot be denied a job on the grounds that it may endanger that worker, say attorneys who represent employers. In its May 23 decision in Mario Echazabal vs.

Chevron U.S.A., the 9th U.S. Circuit Court of Appeals in San Francisco ruled that the Americans with Disabilities Act applies to employees seeking jobs that may pose a direct threat to their own health or safety. Many observers say the decision flies in the face of numerous federal and state safety regulations and could force employers to choose which laws to follow. It also may lead to a change in federal guidelines, which permit employers to defend...

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