Open AccessChevron v Echazabal: Protection, Opportunity, and Paternalism
Author(s) -
Norman Daniels
Publication year - 2003
Publication title -
american journal of public health
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 2.284
H-Index - 264
eISSN - 1541-0048
pISSN - 0090-0036
DOI - 10.2105/ajph.93.4.545
Subject(s) - chevron (anatomy) , paternalism , supreme court , scope (computer science) , law , political science , informed consent , position (finance) , psychology , medicine , business , computer science , surgery , programming language , alternative medicine , finance , pathology
The Supreme Court, in Chevron v Echazabal, ruled that risks to a disabled worker, if established by an individualized medical assessment, can disqualify the worker from protections offered by the Americans with Disabilities Act (ADA). This decision rejected the antipaternalist position of ADA advocates that workers with disabilities should be able to determine, through their own consent, the risks they will take. Such strong antipaternalism may not be compatible with the underlying justification for the protection of workers against health hazards. Stringent regulation of workplace hazards involves restricting the scope of consent to risk. Resolution of this conflict will depend on more careful examination of the degree to which individualized medical assessments avoid stereotyping and bias.