Americans with Disabilities Act ADA

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Americans with Disabilities Act(ADA)

• Presented by
• Mandy Ruff

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Outline

• Introduction to ADA
• Who is disabled?
• ADA Employment Requirements
• Case Analysis
• Chevron U.S.A. v. Echazabal
• Both sides of the issue
• Recommendations

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Introduction to ADA

• Equal Employment Opportunity (EEO) and Labor
  Relations laws and regulations are very
  important.
• Title VII of the Civil Rights Act
• Prevents discrimination on the basis of national
  origin, race, color, sex, or creed.
• ADA
• Prevents discrimination on the basis of a
  physical or mental disability.

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Introduction to ADA (Cont.)

• ADA signed into law on July 26, 1990.
• Protects over 60 million people with
  disabilities.
• ADA applies to all companies with 15 or more
  employees.
• ADA is enforced by the Equal Employment
  Opportunity Commission (EEOC)

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Five Sections of ADA

• Title I Employment Provisions
• Title II Public Participation and Service
• Title III Public Access
• Title IV Telecommunications
• Title V Administration and Enforcement

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Who is Disabled?

• ADA defines a qualified disabled person as
• someone who has a physical or mental
  impairment that substantially limits that person
  in some major life activities, who has a record
  of such an impairment, or who is regarded as
  having such an impairment.

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ADA Employment Requirements

• ADA prohibits discriminating against individuals
  who can perform the essential job functions.
• Reasonable Accommodation/Undue Hardship.
• Preemployment medical exams can only be required
  after a job offer is made.

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Case Analysis Chevron U.S.A. v. Echazabal

• Case was decided on June 10, 2002.
• Case History
• Mario Echazabal worked at Chevrons oil refinery
  (coker unit) for over 20 years.
• He was employed by maintenance contractors as a
  laborer, helper, pipefitter.
• In the 1990s, he applied twice for
• maintenance positions directly
• with Chevron.

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Chevron U.S.A. v. Echazabal

• Chevron determined that Echazabal was qualified
  for the jobs and that he could perform the
  essential job functions.
• Echazabal was made a job offer by Chevron
  contingent upon him passing a physical
  examination.
• The physical exam revealed Echazabal had
  Hepatitis C, a chronic liver disorder.

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Chevron U.S.A. v. Echazabal

• Chevron rescinded their job offer both times
  based on the following
• Chevron concluded that Echazabals liver might
  be damaged by exposure to the solvents and
  chemicals present in the coker unit.
• Thus, hiring this individual would pose a threat
  to his health.

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Chevron U.S.A. v. Echazabal

• Echazabal continued working for the contractors
  at Chevrons refinery after he was denied the
  position the first time.
• After being denied a second time, Chevron
  requested that Echazabal be reassigned to a
  position that eliminated his exposure to the
  solvents and chemicals.
• As a result Echazabal was fired and now drives a
  school bus part time.

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Chevron U.S.A. v. Echazabal

• Echazabal filed a complaint with the EEOC and
  subsequently filed a lawsuit in state court.
• He alleged that Chevron and the maintenance
  contractor had discriminated against him on the
  basis of a disability, in violation of ADA.
• Trial judge initially dismissed the case.
• On appeal, Ninth Circuit ruled for Echazabal.

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Basis for Ninth Circuit Ruling

• An employer may not refuse to hire an applicant
  on the basis that the position would pose a
  direct threat to his health or safety.
• Language of ADA states that the job must pose a
  direct threat to the health or safety of other
  individuals in the workplace.

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Chevron U.S.A. v. Echazabal

• Chevron appealed and the case went to the Supreme
  Court.
• Supreme Court ruled in favor of Chevron.
• Ruling was that a company could refuse to hire a
  person with a disability for a job that could
  aggravate the disability.

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Both Sides of the Issue

• ADA/Employee
• Companies allowed to reject qualified employees
  w/disabilities by simply saying it was for their
  own good.
• The worker should be able to decide for
  themselves if the job is too dangerous for them.
• ADA states, . . . . If poses a safety threat to
  others.

• Chevron U.S.A.
• Companies must have flexibility to eliminate
  workers who would be a danger to themselves or
  others.
• Knowingly hiring someone that can be harmed on
  the job leads to lawsuits, etc.
• Employer will have disruption and expense of
  hiring and training replacements if person
  becomes sick or dies.

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Recommendations

• Companies must make careful decisions when
  refusing to hire an individual with a disability.
• Companies must stay current on recent court
  decisions affecting ADA.
• Companies should develop specific steps to avoid
  ADA related complaints and lawsuits.