Chevron v Echazabal: public health issues raised by the "threat-to-self" defense to adverse employment actions.
In June of 2002, the US Supreme Court upheld a regulation that allows employers, under the Americans with Disabilities Act, to make disability-related employment decisions based on risks to an employee's own personal health or safety. Previous judicial decisions had allowed employers to make employment decisions based on the threat that a worker's medical condition posed to others but had not addressed the issue of risk posed to an employee's health by his or her own disability. The authors comment on the potential effects of the court's decision for occupational health practitioners charged with assessing the degree of risk and harm of a particular workplace environment and for public health efforts aimed at curbing workplace injury and sickness.
Barnes
Mark
M
Ropes & Gray, Health Care Group, New York, NY 10022, USA. barnes@ropesgray.com
Cleaveland
Kimberlee A
KA
Florencio
Patrik S
PS
D002961:Civil Rights / Q000331:legislation & jurisprudence*; D003219:Confidentiality / Q000331:legislation & jurisprudence; D006233:Persons with Disabilities / Q000331:legislation & jurisprudence*; D030881:Disclosure / Q000331:legislation & jurisprudence; D004198:Disease Susceptibility; D004651:Employment / Q000331:legislation & jurisprudence*; D015386:Hazardous Substances / Q000009:adverse effects; D006526:Hepatitis C / Q000175:diagnosis / Q000473:pathology; D006801:Humans; D007221:Industry / Q000191:economics / Q000331:legislation & jurisprudence*; D008297:Male; D016273:Occupational Exposure / Q000009:adverse effects; D016272:Occupational Health / Q000331:legislation & jurisprudence*; D009787:Occupational Medicine; D026706:Paternalism; D018570:Risk Assessment / Q000331:legislation & jurisprudence*; D035521:Supreme Court Decisions; D014481:United States; D014938:Work Capacity Evaluation
D015386:Hazardous Substances