Echazabal v. Chevron: A direct threat to employers in the Ninth Circuit

Although Congress enacted the Americans with Disabilities Act (ADA) in part to protect disabled individuals from paternalism, the ADA permits employer s to adopt a requirement that individuals not pose a direct threat to other s in the workplace. The Equal Employment Opportunity Commission (EEOC) has determined that this direct threat defense also protects an employer who di scharges or refuses to hire individuals who pose a direct threat to their o wn health or safety in the workplace, In Echazabal v. Chevron, the Ninth Ci rcuit struck down the EEOC interpretation of direct threat on the ground th at it was paternalistic and inconsistent with the purpose of the ADA. This Note argues that the EEOC interpretation was reasonable and consistent with the language and underlying purpose of the direct threat defense. This Not e concludes that the Ninth Circuit's rule will force employers to choose be tween violating the ADA and knowingly hiring individuals who are at a subst antial risk of injury or death in the workplace.