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(Abstracted from The Chicago Tribune)

30 October 2001

U.S. Supreme Court accepts disability law case to be argued by Mayer, Brown, Rowe & Maw LLP's Stephen Shapiro
Mayer, Brown, Rowe & Maw LLP

The U.S. Supreme Court has agreed to decide whether an employer may refuse to hire someone for a job that would pose a significant risk to the applicant's health or life.

At issue in the case involving Chevron USA is whether the Americans With Disabilities Act requires the hiring of a man suffering from liver problems and chronic hepatitis C to work in a refinery where exposure to chemicals and solvents could seriously endanger his health and could be fatal.

Mayer, Brown, Rowe & Maw LLP partner Stephen Shapiro is representing Chevron in the case. The Chicago Tribune quoted Mr. Shapiro noting that various federal appeals courts have held the ADA does not cover an employee who would be endangering himself in carrying out the basic responsibilities of the job. The Justice Department has filed a brief that the regulations of the Equal Employment Opportunity Commission support Chevron's position. The court will hear oral argument in the case early next year.

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