• Company can exceed federal standards for drivers without incurring ADA liability
  • April 3, 2007
  • Law Firm: Dickie, McCamey & Chilcote, P.C. - Pittsburgh Office
  • The Americans with Disabilities Act (ADA) prohibits employment discrimination against individuals mistakenly believed to be disabled. There are two different factors in the analysis of a "regarded as" claim under the ADA. The first is whether the employer has taken an adverse action against the employee based upon a mistaken belief that the employee's medical condition precludes him from engaging in a specific activity. If so, the analysis moves to the issue of whether that activity is a "major life activity" as defined under the ADA. Recently, the 7th U.S. Circuit Court of Appeals found that a trucking company's discharge of an individual whose health condition was not a disqualifying factor under federal safety regulations did not necessarily prove that the company regarded that driver as disabled. EEOC v. Schneider National, Inc., 7th Cir., No. 06-3108, March 21, 2007.