A Motor Carrier Doesn’t Violate the ADA by Classifying Drivers for Sleep Apnea Testing
Robert J. Parker v. Crete Carrier Corp.: The 8th Circuit Court of Appeals has held that a motor carrier does not violate the Americans with Disabilities Act by establishing of class for commercial drivers to undergo medical examination, inclusive of a sleep study, for determining whether a driver suffers from obstructive sleep apnea. Crete Carrier Corporation requires its drivers who have body mass indexes (BMIs) of 35 or greater to undergo medical examinations to determine whether the drivers suffer from obstructive sleep apnea. Pursuant to that policy, Crete instructed its driver Robert Parker to get such a medical examination, and...
