News & Analysis as of

Americans with Disabilities Act (ADA) › Department of Transportation (DOT) › Trucking Industry

Parker Poe Adams & Bernstein LLP

Sixth Circuit Upholds Mandated Use of CPAP Device for Driver With Sleep Apnea

Parker Poe Adams & Bernstein LLP on

Truck drivers and some related workers differ from other employees in that they are subject to federal Department of Transportation safety rules that require medical examinations and disqualify workers with certain medical...more

Ballard Spahr LLP

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers

Ballard Spahr LLP on

The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more

Seyfarth Shaw LLP

Asleep at the Wheel: Trucking Company’s Sleep Apnea Policy and Procedures Reviewed by Federal Courts

Seyfarth Shaw LLP on

Seyfarth Synopsis: Recently decided court case finds that motor vehicle carriers may lawfully require overweight drivers to submit to a medical examination testing for obstructive sleep apnea. We had previously blogged...more

Littler

Eighth Circuit Upholds Trucking Company's Sleep Study Requirement Based on Driver BMI

Littler on

On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more

Nossaman LLP

New DOT Rules Close Unintended Gap Regarding ADA Obligation To Modify Operating Practices

Nossaman LLP on

The U.S. Department of Transportation ("DOT") has issued new rules effective July 13, 2015 requiring transportation entities to modify their operating practices in certain circumstances to accommodate disabled passengers....more

Hinshaw & Culbertson LLP

Supervisor Not "Qualified Individual" Under ADA after Failing DOT Medical Certification

Hinshaw & Culbertson LLP on

Determining the essential functions of a job can be tricky, especially if there is no information or documentation with which to compare and consider. In this case, the U.S. Court of Appeals for the Tenth Circuit considered...more

Parker Poe Adams & Bernstein LLP

FedEx Cannot Exclude Diabetic Applicant From Mechanic Position Based on Need to Test Drive Trucks

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act contains a provision allowing exclusion of disabled persons from jobs when their medical condition contradicts federal licensing requirements. In practice, this exclusion has applied most...more

McAfee & Taft

Passing a DOT medical exam is a ‘marginal function’ of the job?

McAfee & Taft on

In a recent opinion by the Eleventh Circuit Court of Appeals involving a Type-1 insulin-dependent diabetic, the court found that passing a Department of Transportation medical examination was an impermissible “qualification...more

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