ADA Case May Shed Light on Non-Driver Disabilities

A court ruling that upheld the termination of a trucking company employee with rheumatoid arthritis provides the industry with more clarification about what the Americans with Disabilities Act may mean to its businesses, according to an attorney who specializes in labor and employment law.

This case did not involve traditional complaints filed against trucking companies by drivers involving vision and physical ability exemptions. Instead, it delved further into the issues surrounding employees other than drivers who claim a disability and allege they were terminated because of it, said Douglas Heckler, a partner with the law firm of Barnes and Thornburg of Indianapolis.

An opinion issued by the 7th U.S. Circuit Court of Appeals in Moore v. J.B. Hunt looks at the three requirements an employee must meet to qualify as a person with a disability under the act. It also looks at the criteria that determine whether the employee was terminated because of his or her disability.

To be considered disabled under ADA’s definition, first an employee must prove a physical or mental impairment that substantially limits major life activities. Second, the employee must have a record of the impairment. And third, the employer must regard the employee as having an impairment.

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