The 10th U.S. Circuit Court of Appeals recently decided a case that may raise a lot of questions for businesses across the country. The plaintiff is an employee of a large Midwestern food delivery company who claimed the company violated the Americans with Disabilities Act of 2008. Just a quick reminder before we get into the facts and issues of the case: New Jersey is in the 3rd District, so courts may refer to the decision for guidance but are not bound by it.
The employee had worked a the company for years when, in 2003, he received a promotion: He was appointed supervisor for an entire facility. According to the job description's rundown of responsibilities, the supervisor was responsible for managing the truck fleet. The incumbent also had to hold a commercial motor vehicle certification from the U.S. Department of Transportation, according to the qualifications listed in a different section of the job description.