9 F. Supp. 3d 795
E.D. Mich.2014Background
- Dean Transportation hired to provide Crestwood School District bus services and advertised a mechanic position that regularly required driving school buses and holding a CDL with S and P endorsements.
- Robert Cummings, an insulin-dependent diabetic, applied and received a conditional offer contingent on passing a Department of Transportation (DOT) physical in September 2010.
- Michigan law had been amended in June 2010 to incorporate FMCSA medical standards, which disqualified insulin-dependent diabetics from driving school buses unless exempted by a waiver; at that time no waiver process applied to school bus drivers.
- Cummings underwent two physicals: one used an obsolete form; the second clinic issued a medical certificate in error and later cancelled it when diabetes was discovered.
- Dean withdrew the job offer because Cummings could not lawfully obtain the required medical certification to drive school buses; Dean then hired a non-diabetic mechanic who held the necessary CDL and medical certificate.
- Cummings sued under the ADA and Michigan PWDCRA claiming discrimination and failure to accommodate; the court resolved cross-motions for summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cummings was a "qualified individual" under the ADA | Cummings argued driving was not an essential function of the mechanic job, so his diabetes did not disqualify him | Dean argued driving school buses was an essential function and DOT medical clearance was legally required | Court held driving was an essential function; Cummings was not qualified because he could not obtain DOT medical certification |
| Whether Dean failed to provide a reasonable accommodation | Cummings argued Dean should have accommodated by assigning driving to others or ignoring the DOT issue | Dean argued accommodation requiring violation or ignoring DOT law would impose undue hardship and legal liability | Court held ADA does not require employer to ignore statutory safety rules or reassign essential functions; no obligation to accommodate in that way |
| Whether change in law (post-2010) entitles Cummings to relief | Cummings noted later statutory amendments permitted waivers for school bus drivers | Dean emphasized qualification is judged at time of hiring decision in 2010 when waivers were unavailable | Court held qualifications are assessed at decision time; later law change did not retroactively make Cummings qualified |
| PWDCRA claim viability | Cummings did not advance distinct PWDCRA arguments beyond ADA claim | Dean argued PWDCRA mirrors ADA and fails for same reasons | Court granted summary judgment for Dean on PWDCRA for same reasons as ADA claim |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment standard)
- Pack v. Damon Corp., 434 F.3d 810 (6th Cir.) (view evidence most favorably to nonmovant on summary judgment)
- Kleiber v. Honda of Am. Mfg., Inc., 485 F.3d 862 (6th Cir.) (elements of ADA qualified-individual burden-shifting)
- Murphy v. United Parcel Serv., 946 F. Supp. 872 (D. Kan.) (mechanic driving commercial vehicles is essential function; employer need not ignore DOT requirements)
- Bay v. Cassens Transp. Co., 212 F.3d 969 (7th Cir.) (DOT medical disqualification defeats ADA claim)
- Keith v. County of Oakland, 703 F.3d 918 (6th Cir.) (factors for determining essential job functions)