News & Analysis as of

Termination Department of Transportation (DOT)

Jackson Lewis P.C.

Court Upholds Termination Of Employee Who Used Prescription Medication That Was Prescribed 5 Years Earlier

Jackson Lewis P.C. on

A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to...more

Seyfarth Shaw LLP

CBD Lawsuit Reflects Trucker Termination for THC Tainted Drug Products

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Western District of New York, in Horn v. Medical Marijuana, Inc., et al., issued an initial procedural order last week in a case where the plaintiff’s purchase and use of the defendant products resulted...more

Hinshaw & Culbertson LLP

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

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

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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