The Supreme Court will hear a case that might redefine how employers view potential new hires.

The case involves a contract employee with liver abnormalities caused by Hepatitis C. The individual has been working as a contract employee for a major oil company. After a refinery owned by the company refused to hire the individual, he filed a discrimination lawsuit against the company.

The defendant argues that the hydrocarbons and other chemicals used in the manufacturing process have the potential to kill the individual. The company has stated that a disabled person is not qualified for any position that might kill or sicken the person. It denies that the Americans with Disabilities Act (ADA) applies in this situation.

Many ADA experts agree with the contract employee and feel that Congress should eliminate paternalistic excuses by employers. They note that these views originally involved discrimination cases against women under Title VII. Most of these experts believe that other minorities and disabled persons should enjoy the same right – that of choosing where they want to work.