Aug. 19, 2003

'Echazabal' Increases Uncertainty for Both Sides in 'Direct Threat' Cases

Focus Column - Employment Law - By David J. Reis and Dipanwita Deb Amar - It came as no surprise that a unanimous Supreme Court overturned the 9th U.S. Circuit Court of Appeals in Chevron USA Inc. v. Echazabal , 122 S.Ct. 2045 (2002), holding that under the Americans with Disabilities Act an employer could refuse to employ an individual whose disability posed a significant risk that he would injure or kill himself on the job.