967 F.3d 566
6th Cir.2020Background
- Walmart implemented a DOT-driven sleep-apnea program (contracted to SleepSafe) requiring drivers diagnosed with sleep apnea to use a CPAP device to meet federal safety/certification obligations.
- Allman, a Walmart commercial driver, underwent a SleepSafe-arranged study diagnosing sleep apnea and was instructed to use a CPAP; he reported discomfort and had compliance issues and suspensions for noncompliance.
- Allman obtained a second study at Adena Hospital showing no sleep apnea and received a DOT recertification card from Walmart’s medical reviewer; Walmart nevertheless requested further testing after a third study again diagnosed sleep apnea.
- Walmart required reconciliation of conflicting studies (another DOT examiner or additional monitored CPAP use); Allman resigned instead of complying.
- Allman sued in Ohio state-law claims (disability retaliation under Ohio Rev. Code §4112.02(I) and wrongful termination/public-policy claim); the district court granted summary judgment to Walmart on retaliation and dismissed the wrongful-termination claim; the Sixth Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Walmart retaliated (Ohio §4112.02(I)) / constructive discharge | Allman: refusing CPAP and complaining was protected activity; Walmart’s CPAP demand was punitive and led to constructive discharge | Walmart: CPAP requirement was a legitimate safety measure mandated/justified by DOT concerns and medical reports; actions were nondiscriminatory | Court: Affirmed for Walmart. Even assuming prima facie case, Walmart offered legitimate reasons and Allman failed to show pretext |
| Whether wrongful-termination in violation of Ohio public policy (Greeley) | Allman: refusing an allegedly unsafe CPAP device was opposing unsafe working conditions protected by public policy | Walmart: CPAP was a safety accommodation to protect public safety and comply with federal law; employer had overriding legitimate justification | Court: Affirmed dismissal. Allman failed the jeopardy and notice elements and cannot show lack of overriding legitimate business justification |
Key Cases Cited
- Bryson v. Regis Corp., 498 F.3d 561 (6th Cir. 2007) (retaliation prima facie framework)
- Abbott v. Crown Motor Co., 348 F.3d 537 (6th Cir. 2003) (standards for proving pretext)
- Smith v. Chrysler Corp., 155 F.3d 799 (6th Cir. 1998) (employer’s honest belief and reliance on facts defeats discrimination claim)
- Booker v. Brown & Williamson Tobacco Co., 879 F.2d 1304 (6th Cir. 1989) (employee not protected when violating legitimate employer rules)
- Greeley v. Miami Valley Maint. Contractors, Inc., 551 N.E.2d 981 (Ohio 1990) (public-policy wrongful discharge doctrine)
- Kulch v. Structural Fibers, Inc., 677 N.E.2d 308 (Ohio 1997) (Ohio public policy requires safe workplace)