Barnes Mark, Cleaveland Kimberlee A, Florencio Patrik S
Ropes & Gray, Health Care Group, New York, NY 10022, USA.
Am J Public Health. 2003 Apr;93(4):536-40. doi: 10.2105/ajph.93.4.536.
In June of 2002, the US Supreme Court upheld a regulation that allows employers, under the Americans with Disabilities Act, to make disability-related employment decisions based on risks to an employee's own personal health or safety. Previous judicial decisions had allowed employers to make employment decisions based on the threat that a worker's medical condition posed to others but had not addressed the issue of risk posed to an employee's health by his or her own disability. The authors comment on the potential effects of the court's decision for occupational health practitioners charged with assessing the degree of risk and harm of a particular workplace environment and for public health efforts aimed at curbing workplace injury and sickness.
2002年6月,美国最高法院维持了一项规定,该规定允许雇主根据《美国残疾人法案》,基于对员工自身个人健康或安全的风险做出与残疾相关的就业决定。此前的司法判决允许雇主基于员工的健康状况对他人构成的威胁做出就业决定,但未涉及员工自身残疾对其健康造成的风险问题。作者评论了该法院判决对负责评估特定工作场所环境的风险程度和危害的职业健康从业者以及旨在遏制工作场所伤害和疾病的公共卫生工作可能产生的影响。