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Safe Workplace Obligation Trumps ADA Right to Job that Poses Risks to Employee

June 01, 2002

By Paul Hastings Professional

In a decision announced this week, the Supreme Court held that the Americans With Disabilities Act permits an employer to refuse to place a disabled individual in a position if doing so would pose a direct threat to that individual’s own health or safety. The decision in Chevron U.S.A. Inc. v. Echazabal confirms that employers may consider both the risks posed by disabled workers to others in the workplace as well as risks posed to the disabled workers themselves.