Jottings By An Employer's Lawyer

Wednesday, July 23, 2003

9th Cir Sends Chevron Back To Trial Court To Prove Threat To Employee


Chevron scored a landmark victory in the U.S. Supreme Court by validating the EEOC's regulation that direct threat includes a threat to the employee as well as to others, even though the ADA did not contain that specific language. Chevron v. Echazabal (U.S. 2002). They were less successful in convincing the 9th Circuit that their summary judgment granted on that basis should be upheld.

In today's decision in Echazabal v. Chevron (9th Cir. 7/23/03) [pdf] the Court found there were factual issues on whether Chevron made its decision “based on a reasonable medical judgment that relies on the most current medical
knowledge and/or on the best available objective evidence.” Chevron did convince one judge of the panel who filed a vigorous dissent, but unfortunately, must now start over in the trial court.

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