This Wednesday the Supreme Court will hear arguments in a case involving a Chevron oil refinery worker who was found to have hepatitis C, and was subsequently fired by the company because of the potential hazards to his health posed by chemicals at the plant. The worker brought a lawsuit against Chevron Corp. for discrimination under the Americans with Disabilities Act (ADA), alleging that the plant posed no greater risk to him than to other workers, and that he was being treated unfairly because of his condition. Business groups have criticized the Ninth Circuit?s prior ruling in favor of the worker as a catch-22 that forces employers to open themselves up to lawsuits by injured workers they knew were not fit for a job, or face a lawsuit under the ADA.
See "Workplace Health Risks at Heart of Chevron Case", DAVID G. SAVAGE, Los Angeles Times, February 25, 2002