Can they make me?

[No CDL]

What is the name of your state? Indiana

Here is my situation.

I have been working for an environmental company w/ one of its offices here in Indiana since 1999. I hired on as a project manager for this firm and came aboard w/ no CDL (commercial drivers license). This past November they have requested at first, now it is a threat, for me to get my CDL. When I hired on they knew I had no CDL, and did not have any wish to get my CDL. The initial hiring had no conversation concerning me obtaining a CDL for continued employment. But they have now since stated that this was a requirement for the position, even though management stated that there is some "wiggle" room in enforcing this requirement. I did go through some hoops and get my DOT Medical Card in hopes to settle the issue, but this did not.

I have done some policy searching for this company and found that they restrict any one who has asthma from obtaining a CDL. I have asthma (have been under medication for the past 12 years or so) and during my January office visit w/ my Dr. I received a note stating that he did not want me to obtain a CDL which I forwarded to our Health and Safety Mgr.

They are threatening me w/ holding my end of year bonus and or possible firing for this situation.

Do I have any recourse?

Thanks,

 

[Beth3]

Yes, they can require you to obtain a CDL and terminate your employment if you refuse or are unable to do so.

If your asthma is severe enough so that it qualifies as a disability under the ADA (a medical condition which "significantly impairs a major life function") then you need to tell your employer that and the two of you need to enter into an interactive process to determine whether a reasonable accommodation is possible. A note from your doctor stating he does not want you to get a CDL does not fit the bill. Even if your asthma qualifies as a disability, that still does not mean the employer cannot require you to get a CDL if it's an essential function of your job.

 

[seniorjudge]

What is the name of your state? Indiana

Here is my situation.

I have been working for an environmental company w/ one of its offices here in Indiana since 1999. I hired on as a project manager for this firm and came aboard w/ no CDL (commercial drivers license). This past November they have requested at first, now it is a threat, for me to get my CDL. When I hired on they knew I had no CDL, and did not have any wish to get my CDL. The initial hiring had no conversation concerning me obtaining a CDL for continued employment. But they have now since stated that this was a requirement for the position, even though management stated that there is some "wiggle" room in enforcing this requirement. I did go through some hoops and get my DOT Medical Card in hopes to settle the issue, but this did not.

I have done some policy searching for this company and found that they restrict any one who has asthma from obtaining a CDL. I have asthma (have been under medication for the past 12 years or so) and during my January office visit w/ my Dr. I received a note stating that he did not want me to obtain a CDL which I forwarded to our Health and Safety Mgr.

They are threatening me w/ holding my end of year bonus and or possible firing for this situation.

Do I have any recourse?

Thanks,

What does athma have to do with a CDL? Are you saying this is a law or a company policy? Why does your doctor not want you to get a CDL?

 

[No CDL]

To answer "seniorjudge": If I'm driving a straight truck w/ hazardous material and I have an acute attack that incapacitates me, the potential for an accident is great. That is why my Dr. does not want me to obtain a CDL.

As for Beth3's comment: Even my direct supervisors have admitted that I will never use this function and will not be part of my job function.

 

[Beth3]

No CDL, if they are insisting you get a CDL, your only option is to go down the ADA path if your situation qualifies. Since they've said you won't get use it, then I can't see your employer making any kind of case that this is an essential function of your job.