Gordon Rees Scully Mansukhani Partner H. Barret Marshall, Jr., Partner Haley M. Heath, and Senior Counsel Salina Tariq obtained a complete victory for their client, an environmental maintenance and cleanup company, in an ADA discrimination and retaliation lawsuit in the U.S. District Court for the Eastern District of Arkansas.
The plaintiff, formerly employed by the client as a CDL driver, filed the lawsuit alleging that the company discriminated and retaliated against him by requiring him to take a fit-for-duty test after he refused to clean underground hazardous materials because of previously undisclosed heart problems. The medical test revealed an abnormal EKG, and the plaintiff’s CDL was placed on a 45-day hold so that additional testing could be performed. During the 45-day hold, the plaintiff did not request an accommodation, applying for short-term disability instead. The plaintiff subsequently resigned his position without providing documentation to the client that he had satisfied the required medical testing.
During the 45-day hold, the plaintiff was not reassigned to another job, and he applied for short-term disability. The plaintiff claimed that the fit-for-duty test, which is typically only required on an annual basis by Department of Transportation ("DOT") regulations, was unnecessary because his DOT medical certification was active at the time of the incident, and, as such, he was directed to take the test because of his actual disability or because he was regarded as having an impairment.
In summary judgment proceedings, the GRSM team presented evidence showing that the plaintiff had himself admitted that his heart condition did not affect his ability to perform his job duties and that his cardiologist never told him that he needed a respirator to clean underground tanks. The GRSM team also argued that the act of directing the plaintiff to obtain DOT medical clearance, even though his previous clearance was active, was neither discriminatory nor retaliatory but rather based on legitimate safety concerns. The court granted summary judgment on all claims.
At GRSM, our Employment Law Practice Group delivers comprehensive counseling and litigation services to a diverse array of clients, ranging from Fortune 500 corporations to nonprofits, and brings extensive experience in handling cases alleging violations of the Americans with Disabilities Act.
Contact a member of GRSM's Employment Law Practice Group to learn how our attorneys can assist with your employment-related challenges.