Scenario #2:  Lutheran West Clinic

The HR director of Lutheran West Clinic has a position opening for a full-time nurse.  The position requires close contact with patients of all ages, with low to high range severity of injuries and illness.

 Ginny Harsten, an RN with ten years of experience, has applied for the position.  She also has AIDS, which she obtained from a needle stick while she was a member of the Armed Services in 2002.  When she returned home from active duty, she began obtaining treatments for the various symptoms associated with AIDS.  Ginny is able to work full-time. 

You are a paralegal at Lutheran West.  The HR director wants to refer Ginny’s application to outside counsel; however, the director would like you to do some preliminary research that addresses the issue of whether AIDS is a disability and whether Lutheran West can legally exclude Ginny from employment at the clinic.

You recall a similar case dealing with a defense to an ADA claim made by a job applicant, Chevron U.S.A. Inc., v. Mario Echazabal. 

Write a brief summary of Chevron U.S.A. Inc., v. Echazabal, 536 U.S. 73 (2002).  Briefly state the facts, explain the primary issue involved, and discuss the Court’s ruling in the Echazabal case.  Then write a conclusion discussing how the Echazabal case might apply in handling Ginny’s employment application.  In your conclusion, also describe how Ginny might distinguish her situation so that Echazabal might be deemed inapplicable.

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