Sleep Apnea

[jfoster_sms]

Florida, I was hired by Covenant Transport out of Tennessee as a Truck Driver in December of 2003. At the point I was hired I submitted a doctors note that I utilized a breathing machine when I slept at night (cpap) which does not affect my ability to drive. This same note was given to the drivers license bureau when I recieved my class A license.

In March of 2004, I received a warning due to an invalid date on my medical card from a police officer and the company had me take another physical which I passed, but when they found out I had a cpap machine they said I could no longer work there and was fired.

My dispatcher gave me a copy of the memo stating this and stated I was one of his best drivers and my co-driver can vouch for my driving abilities as well as my log books.

Anywho, I am here because after a couple months of dealing with the EEOC I am told I do not have a case because I do not fall under the American With Disabilities Act, it was explained to me that this is because I can function normally with the use of my cpap machine.

I don't know what to do, this company screwed me as no other company will hire me to drive with only 3 months experience and being fired.

Any advice????

 

[cbg]

I don't really know what to tell you. The EEOC is correct, by the way; your case falls firmly under case law known as the Sutton decision, which states clearly that an employee who can function normally with the use of a corrective device (the device in the case itself was glasses, but the cpap would count as well) does not qualify under the ADA. Since you are not disabled under the ADA, there has been no disabilty discrimination.

You might check with your state commission board to see whether or not your state has a different definition, but that is VERY much a long shot. Given what I know of Florida law, the chance that they use a different definition than the Federal law is about as likely as my being elected President.

I think you are taking a very short-sighted view of the future, however. Being fired is not the kiss of death that so many people believe it to be, particularly if your dispatcher is willing to provide you with good references.