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Eighth Circuit: Heavy-Set Truck Drivers Can Be Forced To Undergo Sleep Exam

henson-andrewBy Andrew J. Henson

A recent Eighth Circuit opinion found that a trucking company could force heavy-set truck drivers to submit to a sleep apnea exam as a “business necessity,” avoiding liability under the Americans with Disabilities Act (ADA), possibly paving the way for future class-wide medical examination requirements that comply with the ADA.

In Parker v. Crete Carrier Corp., 2016 WL 5929210 (8th Cir. October 12, 2016), a trucking company required its drivers who had a Body Mass Index (BMI) of 35 or greater to get medical examinations to determine if they had Obstructive Sleep Apnea (OSA). Parker, a driver for the company, objected to the sleep apnea investigation requirement and gave his employer a note from his doctor, which stated that he did not believe the examination was necessary. When the trucking company refused to allow Parker to conduct any further driving without the examination, Parker sued under the ADA, alleging he was discriminated against for being “regarded as” having a disability. The court assumed without deciding that requiring a medical examination for people with a BMI in excess of 35 was sufficient to show an employer regarded an employee as having a disability and proceeded to whether the employer had an affirmative defense.

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