Takeaway: Employers must carefully evaluate accommodations for job applicants with disabilities, ensuring decisions are based on objective evidence rather than assumptions.
The 8th U.S. Circuit Court of Appeals held that a company’s decision not to hire a deaf truck driver on the grounds that he could not safely communicate with an American Sign Language interpreter while completing a driver training program violated the Americans with Disabilities Act (ADA).
In 2015, the plaintiff, a deaf individual, obtained a medical variance from the Federal Motor Carrier Safety Administration, which exempted him from meeting specific hearing requirements to obtain a commercial driver’s license. He thereafter enrolled in a driver training school owned by defendant Werner Enterprises Inc. The plaintiff received training with the assistance of an interpreter, who communicated with him from the back seat of the vehicle. The plaintiff successfully completed the training program and obtained his license.
Prior to finishing the training, the plaintiff applied for an over-the-road truck-driving position with Werner. The company’s policy required drivers with fewer than six months of experience, such as the plaintiff, to complete a “placement driver program” before becoming a solo driver, in which the driver spent four to six weeks driving with a trainer and receiving contemporaneous feedback.
During the interview process, the company inquired into the plaintiff’s ability to safely operate...
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