Law 623

Running head: Unit 7 Paper

UNIT 7 PAPER

Critical Response Essay for LAW 623: Legal and Ethical Issues in Management

In partial fulfillment of the requirements

for the Master’s Degree of Healthcare Administration

by

Tanielle Gelbaugh

December 11, 2011

Echazabal v. Chevron USA, Inc.

I.Summarize the relevant facts of the case.

In this Echazabal v. Chevron USA, Inc. there are many relevant facts. Echazabal has worked for contracting groups for years. Chevron had Echazabal take a physical from the doctor so see if he was fit for the job. The physician found a damaged lung due to the chemicals/solvents he was around in the coker unit. Chevron ended up not giving the position to Echazabal because he is a danger to other people in the workplace. Echazabal sued saying that they cannot refuse to hire someone with a disability. The company says that the law talks about injuring others in the workforce; it does not protect the harm against you.

II. What are the central issues presented in the case that were decided by the court?

The central issues that were decided by the court are that “it permits employers to impose requirement that their employees not pose a significant risk to the health or safety of other individuals in the workplace (Halbert & Ingulli, 2009, p. 181).” This means that a company cannot shut out a disabled employee for a job just because they might put their own health or safety at risk. Another judge stated that “they believe that it would be undue hardship for a company to place an employee in a life-threatening situation (Halbert & Ingulli, 2009, p. 181).”

III. What laws were relied upon by the court in deciding the case?

The Americans With Disabilities Act Amendments Act Of 2008 is one of laws that the court relied on. This Act is about the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when...