June 10, 2002
Mario Echazabal worked for various contractors at Chevrons oil refinery in El Segundo, California from 1972 until 1996. In 1995, when Echazabal sought to work directly for Chevron, he received a job offer that later was withdrawn when a pre-employment medical test revealed a liver abnormality. Chevrons reflexive reaction to Echazabals condition, which later was diagnosed as chronic hepatitis C, was very suspicious. The evidence showed that any chemicals hazardous to Echazabal would be dangerous for other workers. Expert investigation revealed nothing related to the refinery job that would endanger Echazabal. And Echazabal had worked for years doing the type of work involved without any negative impact on his health. Chevron also argued in court that allowing Echazabal to become an employee would increase the cost of workers compensation benefits and undermine employee morale.
The Supreme Courts decision is at total odds with the fundamental purpose of the Americans with Disabilities Act: to allow those with disabilities to make their own decisions about what risks theyre willing to take in order to work, as long as they can do the job and dont harm other people, said Catherine Hanssens, AIDS Project Director at Lambda Legal. "However, the court acknowledges Congress concern that this kind of defense is usually a pretext for discrimination, and so affirms that employers must have the most current, objective medical evidence available supporting an employment decision before excluding someone on the basis of a disability," she added.
This is the kind of discrimination that people with HIV encounter all the time -- exclusion from employment supposedly for their own good, Hanssens said. Its a sad day when the Supreme Court provides employers further cover for discrimination in the name of 'business necessity,' but we hope and expect that the court will give the same expansive treatment to other parts of the ADA regulations that federal courts now ignore in excluding people with HIV and mental health disabilitites from their chosen professions."
Lambda Legal is Americas oldest and largest legal organization dedicated to the civil rights of lesbians, gay men, bisexuals, transgendered people, and people with HIV and AIDS. Lambda Legal has its headquarters in New York and regional offices in Los Angeles, Chicago, and Atlanta. Lambda Legal will open an office in Dallas later this month.
Contact: Chris Hampton, 212-809-8585 x 222
Catherine Hannsens, 212-809-8585 x 215