Fired for Sleep Apnea? The Case of an Overweight Truck Driver with a Safe Driving Record

It's okay, according to a federal appeals court ruling (yesterday).

Crete Carrier Corp. employed a driver Robert Parker, who refused a sleep study in 2013 as part of Crete’s safety program. The program requires drivers with a BMI of 35 or greater to have an in-lab sleep study. Parker sued, alleging that the company violated his rights under the Americans with Disabilities Act.

The court noted that employers are authorized under the ADA to conduct medical exams to identify whether employees “can perform job-related duties when the employer can identify legitimate, nondiscriminatory reasons to doubt the employee’s capacity to perform his or her duties.”

The court said: “Crete established… [that] sleep apnea tends to impair driving skills, increasing [drivers’] risk of motor vehicle accidents by 1.2- to 4.9-fold. A sleep study is the only way to confirm or rule out an obstructive sleep apnea diagnosis,” the judges wrote. “The sleep study requirement is job-related because it deals with a condition that impairs drivers’ abilities to operate their vehicles. It is consistent with business necessity.”

Adding to the court’s conclusion, the Federal Motor Carrier Safety Administration’s Medical Review Board recommended this year that the agency institute a rule to require truckers who meet certain requirements — such as an elevated BMI — to be required to undergo apnea screening.

Do you agree with the ruling?

To jog your thinking, here are some pro and con arguments:

Pro: The ADA allows medical testing of employees, as long as there is a business justification. On occasion, truck drivers who nod off at the wheel are involved in deadly accidents. The employer’s goal is nothing more than safety.

Con: Parker was fired because of a statistical chance that he could cause a fatal accident. But he had a safe driving record—so he was fired for fitting a profile of an overweight person. Other factors may correlate more highly with fatal accidents— for example, poor eyesight, age, time of day, equipment, driving conditions, and others. One implication of the ruling is that thin drivers who haven’t had their vision checked for 20 years are cleared for more driving, while Parker was fired for an assumed condition. Question: If women truck drivers, or black truck drivers, are involved in twice as many fatal wrecks as white males, is it lawful for a company to fire a driver because of the driver’s race or gender? I doubt it but can't be sure.