Ada Employer Defense Does Not Apply to Threats to Disabled Workers – Themselves, Circuit Court Rules

The U.S. 9th Circuit Court of Appeals has ruled that the "direct threat" defense available to employers under the Americans with Disabilities Act (ADA) does not apply to employees or prospective employees who pose a direct threat to their own health or safety.The decision in Echazabal v. Chevron was written by Court of Appeals Judge Stephen Reinhardt. The worker, Mario Echazabal, had worked for a maintenance contractor at Chevron's El Segundo refinery, primarily in the coker unit. In 1