Citing flawed logic, a district court judge ruled in favor of J.B. Hunt, Lowell, Ark., in an Americans with Disabilities Act lawsuit
brought by the Equal Employment Opportunity Commission after the truckload carrier refused to hire 540 truck drivers who were taking prescription drugs.
Judge Norman A. Mordue, of U.S. District Court for the Northern District of New York, accused the agency of misusing the ADA in this case. Judge Mordue also said the EEOC misjudged who is covered under the ADA, according to Traffic World Magazine. "In short, if a plaintiff, even a physically or mentally impaired plaintiff, is not disabled within the particular confines of the ADA, he or she is not protected by the statute," Judge Mordue concluded.
In 1993, a Hunt safety official developed a 37-page drug review list as a safety-related qualification standard to address concerns arising from side effects associated with drivers' use of prescription drugs.
The EEOC contends that a medical doctor did not create the drug review list, which contained hundreds of disqualifying medications. It also argued that Hunt did not perform individual assessments of applicants' risks for side effects related to the drugs. Consequently, the EEOC argued that when Hunt refused to hire drivers who were taking certain prescription medications, it was discriminating against persons with disabilities or perceived disabilities, which violates the ADA.
Judge Mordue ruled that simply taking a prescription drug does not qualify one as disabled under the ADA.
The EEOC has until April 9 to appeal.
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