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HR rep tells applicant (twice) that sleep apnea will disqualify him from bus driver job; bias claim survives - Labor and Employment Law News

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Labor and Employment Law News

Posted on: Mar 30, 2017

Because an employer failed to rebut a plaintiff’s declaration that he was twice told a sleep apnea diagnosis would disqualify him for a commercial bus driver job, a reasonable jury could find its stated reason for not hiring him—failure to complete the medical certification process—was pretext for disability discrimination. Accordingly, a federal district court in the District of Columbia denied summary judgment against his Rehab Act claim.

Read more in the Wolters Kluwer article here.

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