Chevron U. S. A. Inc. v. Echazabal, 536 U.S. 73, 6 (2002)

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78

CHEVRON U. S. A. INC. v. ECHAZABAL

Opinion of the Court

bal was not " 'otherwise qualified' " to perform the job, holding that the ability to perform a job without risk to one's health or safety is not an " 'essential function' " of the job. Id., at 1070.

The decision conflicted with one from the Eleventh Circuit, Moses v. American Nonwovens, Inc., 97 F. 3d 446, 447 (1996), and raised tension with the Seventh Circuit case of Koshinski v. Decatur Foundry, Inc., 177 F. 3d 599, 603 (1999). We granted certiorari, 534 U. S. 991 (2001), and now reverse.

II

Section 102 of the ADA, 104 Stat. 328, 42 U. S. C. 12101 et seq., prohibits "discriminat[ion] against a qualified individual with a disability because of the disability . . . in regard to" a number of actions by an employer, including "hiring." 42 U. S. C. 12112(a). The statutory definition of "discriminat[ion]" covers a number of things an employer might do to block a disabled person from advancing in the workplace, such as "using qualification standards . . . that screen out or tend to screen out an individual with a disability." 12112(b)(6). By that same definition, ibid., as well as by separate provision, 12113(a), the Act creates an affirmative defense for action under a qualification standard "shown to be job-related for the position in question and . . . consistent with business necessity." Such a standard may include "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace," 12113(b), if the individual cannot perform the job safely with reasonable accommodation, 12113(a). By regulation, the EEOC carries the defense one step further, in allowing an employer to screen out a potential worker with a disability not only for risks that he would pose to others in the workplace but for risks on the job to his own health or safety as well: "The term 'qualification standard' may include a requirement that an individual shall not pose

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