The threat-to-self defense and the ADA

On June 10, 2002, the US Supreme Court, in a rare unanimous decision, in Chevron USA, Inc. v. Echazabal, ruled that employers do not violate the Americans with Disabilities Act when they refuse to hire an applicant who will be placed at physical risk once on the job. The implications of the Supreme...

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Bibliographic Details
Published inBusiness horizons Vol. 46; no. 2; p. 2
Main Authors Robinson, Robert K, Geralyn McClure Franklin, Paolillo, Joseph G P
Format Journal Article
LanguageEnglish
Published Greenwich Elsevier Science Ltd 01.03.2003
Subjects
Americans with Disabilities Act 1990-US
Employment policies
Federal court decisions
Labor law
Legal defense
Self defense
Supreme Court decisions
United States > US
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Summary:On June 10, 2002, the US Supreme Court, in a rare unanimous decision, in Chevron USA, Inc. v. Echazabal, ruled that employers do not violate the Americans with Disabilities Act when they refuse to hire an applicant who will be placed at physical risk once on the job. The implications of the Supreme Court's Chevron decision for employers are discussed. Also discussed are the basic standards for establishing unlawful discrimination under the ADA, as well as how the threat-to-self defense is used against allegations of ADA violations. The limitations of the defense are also discussed.
ISSN:0007-6813
1873-6068
DOI:10.1016/S0007-6813(03)00003-X