Mario Echazabal v. Chevron Usa, Inc. Irwin Industries, Inc.

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. *1026Echazabal v. Chevron U.S.A., Inc., 226 F.3d 1063, 1070 (9th Cir.2000). In Chevron U.S.A. Inc. v. Echazabal, 536 U.S. 73, 122 S.Ct. 2045, 153 L.Ed.2d 82 (2002) (“Echazabal ”), the Supreme Court reversed and remanded, holding that the direct…