The 8th U.S. Circuit Court of Appeals recently ruled that a trucking company was within its rights to test drivers for sleep apnea if their body mass index was above 35.
That ruling comes from a case involving Crete Carrier Corp.’s 2010 policy. The court found that the policy was “legitimate and non-discriminatory,” and that it did not violate the Americans with Disabilities Act (ADA).
The ruling is likely to serve as a precedent in other similar cases and might shape any future rules regarding the testing of sleep apnea, since only the Supreme Court can overturn the decision.
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