Parker v. Crete Carrier Corp.

Plaintiff filed suit against his employer, Crete, alleging it violated the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., by requiring a medical examination and discriminating on the basis of a perceived disability. Crete required its truck drivers with Body Mass Indexes (BMIs) of 35 or greater to get medical examinations to determine whether they had obstructive sleep apnea. When Crete ordered plaintiff to undergo an examination because his BMI was over 35, he refused. The district court granted summary judgment to Crete. The court concluded that the district court property admitted an expert's testimony regarding obesity and obstructive sleep apnea; by the undisputed facts, the sleep study requirement is job-related because it deals with a condition that impairs drivers’ abilities to operate their vehicle; the requirement is also consistent with business necessity; the district court correctly granted Crete summary judgment on the medical-examination claim where Crete carried its burden of showing it defined the class reasonably; and the undisputed evidence shows that Crete suspended plaintiff for refusing to submit to a lawful medical examination, which does not violate the ADA. Accordingly, the court affirmed the judgment. View "Parker v. Crete Carrier Corp." on Justia Law