From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
June 21 — A J.B. Hunt Transport Inc. truck driver whose Transportation Department certification was rescinded after he fainted and was diagnosed with a heart condition can't proceed with a disability discrimination claim, a federal appeals court ruled ( Williams v. J.B. Hunt Transp., Inc. , 2016 BL 196721, 5th Cir., No. 15-20610, 6/20/16 ).
The U.S. Court of Appeals for the Fifth Circuit joined the Sixth, Seventh and Eighth circuits in rejecting the commercial driver's Americans with Disabilities Act claim where a doctor had found the driver medically unqualified and the driver didn't obtain a contrary opinion through the DOT's administrative process.
Here, Jimmie Williams's DOT certification was rescinded by a physician who reviewed a report noting that Williams had been diagnosed with syncope and ventricular tachycardia. The physician did so even though two other doctors had cleared Williams to return to work after medical leave.
Williams didn't file an application with the Transportation Department to resolve the conflict among the medical evaluations, and was terminated after his leave expired.
The Fifth Circuit agreed with a lower district court that Williams can't proceed with an ADA discrimination claim because he failed to show he was qualified to perform his job after he lost his DOT certification.
To qualify for the ADA's anti-bias protections, employees with disabilities must show that they can perform the essential functions of their jobs, with or without reasonable accommodation.
“Because he lacked the DOT certification required by federal law, J.B. Hunt could not let him return to driving, and the company’s administrative termination of Williams did not violate the ADA,” the court said.
Judge Stephen A. Higginson wrote the June 20 opinion, joined by Judges Jacques L. Wiener and Gregg Costa.
Cline Ahmad represented Williams. Littler Mendelson represented J.B. Hunt.
To contact the reporter on this story: Jay-Anne B. Casuga in Washington at email@example.com
To contact the editor responsible for this story: Susan J. McGolrick at firstname.lastname@example.org
The opinion is available at http://www.bloomberglaw.com/public/document/Williams_v_JB_Hunt_Transp_No_1520610_Summary_Calendar_2016_BL_196.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)