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April 2003, Vol 93, No. 4 | American Journal of Public Health 536-540
© 2003 American Public Health Association

HEALTH POLICY AND ETHICS FORUM

Chevron v Echazabal: Public Health Issues Raised by the "Threat-to-Self" Defense to Adverse Employment Actions

Mark Barnes, JD, LLM, Kimberlee A. Cleaveland, BA, JD and Patrik S. Florencio, BSC, LLB, BCL

The authors are with Ropes & Gray, Health Care Group, New York, NY.

Correspondence: Requests for reprints should be sent to Mark Barnes, JD, LLM, Ropes & Gray, Health Care Group, 885 Third Ave, Suite 3200, New York, NY 10022 (e-mail: barnes{at}ropesgray.com).

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.




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