News & Analysis as of

Americans with Disabilities Act (ADA) Trucking Industry Medical Examinations

Parker Poe Adams & Bernstein LLP

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

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

Benesch

Supreme Court Refuses to Hear Driver’s ADA Challenge to Sleep Apnea Screening Program

Benesch on

Earlier this week, the Supreme Court denied a driver’s Americans with Disabilities Act (“ADA”) challenge to a carrier’s sleep apnea screening program in Parker v. Crete Carrier Corp., U.S. Supreme Court Case No. 16-2002. In...more

Parker Poe Adams & Bernstein LLP

ADA Allows Sleep Apnea Test for Obese Driver

Almost since the enactment of the Americans with Disabilities Act, motor carriers and drivers have clashed over the carriers’ ability to exclude drivers from service based on health issues. Many of these controversies have...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues Vita Plus for Disability Discrimination

Agricultural Company Fired Driver Due to His Diabetes, Federal Agency Charged - DETROIT - Vita Plus Corporation, an agricultural company with a facility in Gagetown, Mich., violated federal law by discriminating against...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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