Disability discrimination or not?

[CarmineB36]

What is the name of your state? Florida

Say you had a part time job, and they offered you a different position(still part time,but unionized so you always get payed a min. of 8 hours), at more then double your current pay wage, but you had to pass a physical with the doctor they choose, pass a driving test with one of your current managers, AND get a class 'D' license with in a few days of them actually sending you to training for 2 weeks.

Everything goes well, you pass the first few obstacles, even garnishing a compliment from the manager, "highest score I ever gave, and I had to invent 2 mistake, because noway I could let you go to training with a perfect score. It never happened before. Study hard, and be ready to make some money when you get done. Its been a pleasure" get through 7 of the 10 days of training, when they find what I had stated on my application for this job. It asks about surgery's you had, and I had many from an accident I had when I was 6. I did not want to lie, so I put it there. They Disqualified me from class, saying my vision violates Dept . of Transportation laws and good bye.

I asked why then did the DOT give me the lisence in the first place, and also why did their doctor pass me?
Don't know ask our legal dept.
My wife called around the same time, told me the doctor that passed me had called, he had received a call from the companys insurance carrier and they would not cover me, and to bring my physical card back, maybe at the risk of him falling out of the companys favor?

My main problem is, the job I am to do, (drive a truck and deliver) I have done for more then 15 years with my parents business, and NEVER been in any accident with our commercial vehicle, and never had any problems with dot or our insurance.

Any legal experts want to advise me on the next step?

My thinking is I am going to write the union and the company heads a letter and give them the opp to do the 'right thing'. Other wise join into the lawsuit that another employee and a few hndred more across the US have already begun.

I have already contacted the state of Florida DOT, and there are no such restrictions on a Class 'D'. They put me in touch with the federal truckers safety org. and they also state there arre no restrictions on a class 'D' unless you plan on crossing state lines.

They did, however mention, that this company uses the tougher requirements for their 'D' drivers that the feds have put on a class 'A', 'B' or 'C' driver.

Is that legal?

And if and when I pass my 'Waiver' from the Fed DOT will they have to let me drive?

 

[swicket]

Although I am not an attorney, I am somewhat familiar with federal sector requirements in obtaining a (CDL) Commercial Drivers License. According to Florida Transportation regulations, a class “D” license is for drivers of non-commercial vehicles. This license is for vehicles based on weight and purpose. For Commercial Vehicles, Florida complies with federal statute. CDL requirements are quite stringent and fall under federal DOT statute, 49 CFR. All states must either comply or duplicate these requirements. From what you state, your vision disqualifies you. 49 CFR Sec 391.41 b (10) addresses vision requirements. This and other medical requirements are absolute. As a result fall outside the realm of ADA. Depending on your employer and the disqualification decision, there are waiver procedures within the statute. The deciding official will be from the Federal DOT. However, Medical requirements are seldom strayed from.
I wish you luck…

 

[CarmineB36]

. From what you state, your vision disqualifies you. 49 CFR Sec 391.41 b (10) addresses vision requirements. This and other medical requirements are absolute. As a result fall outside the realm of ADA. Depending on your employer and the disqualification decision, there are waiver procedures within the statute. The deciding official will be from the Federal DOT. However, Medical requirements are seldom strayed from.
I wish you luck…

As of Friday morning, I am waiting for my application for the Vision Waiver. I have learned quite a bit about this 49 CFR B.s. the last couple weeks.

After a few conversations and emails with the appropriate dept.s I am under the impression that I have a shot at the Waiver. They suggested that I need to prove that I have drove a 10,001 lbs+ truck the last 3 years to verify my safety. I can provide the last 15 years of W-2 forms as well as insurance forms listed as a driver in the company business, with out incident.
WHEN ( i hope) I get the waiver, i'll see if the job becomes available to me or not. Feel thenI will have a case if the feds say ok, and the company denys me.

Thanks for the info and the luck.