The U.S. Court of Appeals for the Eighth Circuit has ruled that a transportation company did not violate the Americans with Disabilities Act (ADA) by requiring an employee and others within the same class of over-the-road drivers to undergo a sleep apnea medical examination in order to continue driving.
The ruling by the appeals court in Parker v. Crete Carrier Corp., No. 16-1371 (8th Cir. October 12, 2016), rejected the plaintiff’s argument that the sleep apnea test, which the plaintiff refused to take, was an ADA-prohibited medical exam. Instead, the court concluded that due to the nature of the job and the safety risks inherent in long-distance driving, there was sufficient evidence to establish that a diagnosis of sleep apnea could disqualify an individual from being able to perform the essential functions of the driver position.
The Eighth Circuit also dismissed the plaintiff’s argument that he was unlawfully “regarded as” having a disability. The fact that the employer required the exam of certain employees and took adverse action against those who refused the exam did not establish a valid claim for “regarded as” discrimination under the ADA. The court observed that while it may be true that a medical examination program that targets a specific class of employees presumes that these individuals have a disability which the examination will test for, there is no liability if there is a legitimate and nondiscriminatory reason for the program.
A copy of the Eighth Circuit’s decision in Parker is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.