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ECHAZABAL v. CHEVRON USA, INC.

No. 98-55551.

336 F.3d 1023 (2003)

Mario ECHAZABAL, Plaintiff-Appellant, v. CHEVRON USA, INC.; Irwin Industries, Inc., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 23, 2003.

Attorney(s) appearing for the Case

Larry Minsky, Cerritos, CA, for the plaintiff-appellant.

Jon Kardassakis, Hawkins, Schnabel, Lindahl & Beck, Los Angeles, CA, for defendant-appellee Chevron USA Inc.

Dori K. Bernstein, Washington, DC, for amicus curiae United States Equal Employment Opportunity Commission, urging reversal.

Craig E. Stewart, Pillsbury Winthrop, San Francisco, CA, for amici curiae American College of Occupational and Environmental Medicine, Western Occupational and Environmental Medical Association, and California Society of Industrial Medicine and Surgery, urging affirmance.

Before REINHARDT, TROTT, and TASHIMA, Circuit Judges.

Opinion by Judge TASHIMA; Dissent by Judge TROTT.

OPINION

TASHIMA, Circuit Judge:

In this action under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. ("ADA"), we held in an earlier opinion that the "direct threat" defense provided by 42 U.S.C. § 12113 in an ADA discrimination action does not include threats to the employee's own health. Echazabal v. Chevron U...

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