Truck Driver Mechanic who had to inject insulin was discriminated against under the Americans with Disability Act and its amendments.

Truck Driver Mechanic who had to inject insulin was discriminated against under the Americans with Disability Act and its amendments.

In Samson v. Federal Express Corp., 746 F.3d 1196 (11th Cir. 2014) The employee, who used insulin to treat type I diabetes, was offered a job as a technician at one of defendant’s airport facilities, but the offer was withdrawn when he could not pass a medical examination required by the Department of Transportation for drivers of commercial motor vehicles that transport property or passengers in interstate commerce.

The court rejected defendant’s argument that DOT regulations afforded a complete defense to plaintiff’s claim because they required defendant to exclude plaintiff because of his inability to pass the DOT examination due to his diabetes. The court found there was no evidence in the record indicating that the occasional test driving of trucks that mechanics might be required to do near defendant’s airport facility involved transporting property or passengers in interstate commerce.

This case is interesting because Truck Drivers who are involved in interstate commerce are clearly required to pass a DOT health examination before they can drive. Having to inject insulin has been one health issue which has kept many truck drivers from obtaining a DOT (Department of Transportation) health certification to drive a truck. However in this case since the mechanic was just moving trucks around to work on them the court held that he was not involved in interstate commerce and therefore he could not be denied a job based on his disability, diabetes.

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