A federal court recently ruled a major U.S. trucking company is within its legal rights to require truckers to be tested for sleep apnea if their body mass index is greater than 35.
The Eighth Circuit Court of Appeals issued its decision Oct. 12, calling Crete Carrier Corp.’s 2010 policy “legitimate and non-discrminatory.” The Eighth Circuit court is outranked only by the U.S. Supreme Court, meaning the verdict is likely to stand, at least until the Federal Motor Carrier Safety Administration issues a formal rule regarding sleep apnea screening requirements, which could be years away.
The Eighth Circuit decision likely sets a precedent for other courts who could hear similar cases involving other carriers’ required testing programs for sleep apnea.
The court ruled that Crete did not violate the Americans with Disabilities Act, as was argued by the driver in the case. The three judge panel also ruled Crete’s required testing program is legal per prior court rulings.
See James Jaillet’s complete story at “Overdrive.”