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Chevron vs Echazabal Essay

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BUSINESS LAW 9000

ARJUN MODI

RESEARCH PAPER

10th MAY, 2012

CASE: CHEVRON V. ECHAZABAL

CASE ISSUE: AN INTORDUCTION (CHEVRON V, ECHAZABAL)

Mario Echazabal, worked as an independent contractor at a Chevron oil refinery in California. He applied for a job at Chevron. The company extended an offer to him provided, he take pass the medical examination. However, Echazabal failed the examination because the results showed that his liver was damaged due to Hepatitis C. Chevron feared that continued exposure to the toxins at the plant, may worsen Mr. Echazabal's condition. Hence, it denied employment to Echazabal. Upon Chevron's request to reassign Mr. Echazabal in order to reduce …show more content…

It stated that since the Defenses statute only includes the threat posed by an employee to others in the workplace and not to himself, Echazabal had a stronger case.

4. Exceptions in terms of Other Cases: LaChance v. Duffy's Draft House. (http://www.garlands-digest.com/cases/11th/1990s/98/110798la.html).This was a case in which the 11th Circuit Court ruled in favor of Duffy's Draft House stating the Mr. Lachance's epilepsy was a direct threat to himself and others in the workplace.

5. Occupational Safety and Health Act of 1970 (OSHA): This act was used by Chevron, in the Supreme Court to make its case stronger. The act states the following

To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes. (http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=OSHACT&p_id=3355).

Relation to the Case: In its argument, Chevron stated that it did not want to violate the OSHA act of 1970 by hiring Mr. Echazabal.

STRATEGIC CHOICES:

HOLDING: Chevron appealed to the Supreme Court

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