Driving While Disabled

Dluther1 · December 2009

There is an employee who is disabled under the ADA. One of the restrictions is to not drive per the physician. We do not have this employee driving. However, it has recently come to our attention that this employee is driving to and from work. So, what can we do? Can we be held liable if something were to happen because we knew of the employee driving? Can we now require the employee to drive as part of the job duties? Can we require a second opinion like FMLA?

CarolA · December 2009

If your EE is not able to drive and its not an essential function, then how he gets to work is his responsibility. If he is observed driving then I would ask him about it out of concern and the fact he told you or documented that he cannot drive per his disability. He needs to arrange for transportation to work, that's his responsibilty. There are local resources for disabled people for transportation. The employee cannot tell you one thing and claim disability and then do something else to show otherwise. Id lock down his story. Can he drive or not. And he has to be consistent with it.

davids · December 2009

Don't confuse what he "should not" be doing with what he "cannot" do. His doctor may have certified him not able to drive because he takes medicine that makes him drowsy, or he suffers from seizures. Because the employee chooses to ignore his doctor's instructions does not change his status as disabled.

How the employee chooses to get to work is his own business. However, I would question the employee to make sure the certification of no driving is still valid.

As a concerned citizen, you could let the local police know that a potentially impaired driver is driving (my legal counsel would have a fit if I suggested this at work); but I think it is the right thing to do.

Driving While Disabled

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