Is High Blood Pressure ADA?

HCA

Driving is a primary duty (it's a road dept); Employee must has a commercial d/l. Employee has high blood pressure and Dr. won't let him drive. We pulled him from driving and have let him work around the shop for the past two weeks (waiting for the blood pressure to drop.) He tests next week again. But we are running out shop duties and need a driver. Is the ADA something I need to be concerned about with this, or can we terminate because he can't fulfill a primary duty of the job?

Don D

There are several instances in which the ADA regulations are in conflict with the Federal Department of Transportation requirements. One example is epilepsy, if the condition cannot be controlled without injection. The DOT regs typically win out over the ADA on that issue.

My advice on this one is that you let him ride it out with shop duties until his followup exam next week. You already decided to 'accommodate' his illness and work restriction. You'd be hard pressed to explain why you can't continue it for a short while.

I do not think there is a snowball's chance that his high blood pressure will rise to the level (no pun intended) of ADA, thus requiring you to consider accommodation. In order to do that, the problem would have to restrict a major life activity, of which driving a truck is not one. And if he comes along after the followup test and says his doctor says he can no longer drive a truck, tell him where the UI claims office is. Truck driver is the job you have available. If he cannot do it, you have no obligation to him.

Gillian3

No. High blood pressure doesn't substantially limit a person from doing life's major activities, one of which is working. That means in general, not a specific job, therefore you could terminate him. Hopefully, the person is on medication. It's easy to treat.

HCA

He's been on meds and hopes to get it worked out, but my dept head is growing impatient. He really needs someone in the field. I think it pisses him off that the guy is driving around on weekends too.(private vehicles)

pork1

HCA: If the supervisor is so hot to put someone in the driver's seat then hire a temporary replacement. Is he qualified to drive? An issue that came to my mind is: "is there a FMLA issue with this sick person?" Do not compromise the companies' position by putting a medically disqualified driver in the truck before the physician has the person's blood pressure under control. We have two or three that are on medications for BP. I too am on BP meds but I'm not a Class A driver, it is treatable and only disqualifies one from driving while it is out of touch with the rest of the body.

Pretty serious for the individual and the company!

PORK

Geno

HCA,

The Supreme Court addressed a situation that is virtually identical to the facts in your situation in Murphy v. United Parcel Service , Inc. U.S. 516 (1999). In the Murphy case, UPS hired an individual as a mechanic to work on commercial vehicles. The position required the employee to hold a CDL. The employee’s hypertension barred him from holding a CDL and because of that he was terminated. The employee’s physician testified that he could function “normally” when he was using his medication. The Supreme Court subsequently ruled that the employee was not disabled within the meaning of the ADA and the employer (UPS) prevailed.


Geno

hhaynal

I do not think he is covered since his hypertension does not prohibit him from working, just driving. Our company has a guy that developed a sensitivity to one of the biocides we use. He could not work anywhere in any of the mfg ops since the biocide was present in all buildings. He could still perform a major life activity, working, just not in these specific conditions. We would have been in the right to term him since he was unable to perform the essential functions of his job, but we were able to put him in our shipping/receiving dept down the road.