E.E.O.C. v. J.B. Hunt Transport, Inc., Docket No. 01-6084.

Citation321 F.3d 69
Decision Date05 February 2003
Docket NumberDocket No. 01-6084.
PartiesEQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. J.B. HUNT TRANSPORT, INC., Defendant-Appellee.
CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)

Julie L. Gantz, Equal Opportunity Employment Commission (Nicholas M. Inzeo, Acting Deputy General Counsel, Philip B. Sklover, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, on brief), for Plaintiff-Appellant.

James H. Hanson, Scopelitis, Garvin, Light & Hanson, Indianapolis, IN (Laurie T. Baulig, Scopelitis, Garvin, Light & Hanson, Washington, DC, Thomas J. Grooms, Bond Schoeneck & King, Syracuse, NY, on brief), for Defendant-Appellee.

Before: JACOBS, F.I. PARKER, SOTOMAYOR, Circuit Judges.

F.I. PARKER, Circuit Judge.

J.B. Hunt Transport, Inc. chose not to employ over-the-road truck drivers who used prescription medications with side effects that might impair driving ability. The Equal Employment Opportunity Commission argued that under the Americans with Disabilities Act, Hunt's decision violated the rights of job applicants using those medications. We disagree.

I.

Plaintiff-Appellant Equal Employment Opportunity Commission ("EEOC") appeals from the February 8, 2001 decision of the United States District Court for the Northern District of New York (Norman A. Mordue, Judge) granting defendant J.B. Hunt Transport Inc.'s ("Hunt"'s) motion for summary judgment and denying plaintiff EEOC's cross-motion for summary judgment. The district court found that the applicants in question had been denied over-the-road driving positions with Hunt because of their use of medications with potentially harmful side effects, and not as a result of an actual or perceived disability or a record of disability as contemplated by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. ("ADA"). On appeal, the EEOC argues exclusively that Hunt regarded the rejected applicants as disabled, i.e., substantially limited from a major life activity, as defined by 42 U.S.C. § 12102(2)(C) because of their use of certain medications. Because we find that Hunt did not regard the applicants as disabled as defined by the ADA, we affirm the decision of the district court.

II.

J.B. Hunt Transportation, Inc. ("Hunt") is the nation's largest publicly held motor carrier company. Hunt operates for-hire property transport services in the forty-eight contiguous states, the District of Columbia, Canada, and Mexico. Its fleet includes 8,000 tractors, and it employs approximately 12,000 individuals to drive the trucks. Of these employees, approximately 10,000 are the over-the-road ("OTR") drivers whose positions are at issue in this case. These OTR drivers operate vehicles weighing approximately 80,000 pounds over irregular routes under particularly difficult work conditions, including sleep deprivation, irregular work and rest cycles, inclement weather, long driving periods, long layovers, irregular meal schedules, tight delivery schedules, en route delays, night driving, accumulated fatigue, stress, and extended periods of loud noise and vibrations. According to Hunt, the large vehicle size and extreme driving conditions faced by its OTR drivers warrant heightened safety evaluations of those OTR drivers.

Like other motor carriers, Hunt is subject to federal regulation under the Department of Transportation's Federal Motor Carrier Safety Act Regulations ("FMCSAR"). 49 C.F.R. § 301, et seq. (2001). These regulations establish minimum qualifications for any person driving a commercial motor vehicle, as well as minimum duties for motor carriers using OTR drivers. The regulations specifically allow an operator to require and enforce "more stringent requirements relating to safety of operation and employee safety and health", 49 C.F.R. § 390.3(d), and require operators to restrict drivers from operating vehicles "while the driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle." Id. at § 392.3 (2001). A motor carrier is required to ensure that drivers do not operate unless they are in compliance with the DOT regulations. 49 C.F.R. §§ 391.11, 392.3, 392.4(b)(2001).

A. The Drug Review List

Between September 1993 and May 1994, in an effort to comply with the FMCSAR in its hiring processes, Hunt created a Drug Review List ("DRL") of medications known to have side effects that might impair driving ability. The list, thirty-seven pages in length and including over 836 medications, was compiled by Hunt's Safety Department Director of Compliance, David Whiteside ("Whiteside"), based entirely on notations in the 1993 edition of the Physician's Desk Reference ("PDR"). Whiteside divided the DRL into six columns labeled "name," "class," "comment," "restriction," "treats," and "1993 PDR page number." In the "restriction" column, Whiteside indicated the impact a particular drug might have on an applicant's eligibility. Whiteside designated five categories of restrictions: "Rule Out Side [E]ffects," "Not Permitted," "Unsafe [E]ffects," "Heart Condition," and "Disqualifying Condition."1 An applicant whose medication had a "Rule Out Side Effects" notation was required to obtain a release from the prescribing doctor certifying that the applicant could safely drive a tractor trailer truck while using the medication. An applicant taking a "Not Permitted," "Unsafe Effects," "Disqualifying Condition," or "Heart Condition" medication could not drive for Hunt while using the indicated medication.2 The notation "Unsafe Effects" indicated either that the PDR cautioned users against operating heavy equipment or driving automobiles while taking the drug (noted as "warning on driving" in the comment column) or that the drug caused drowsiness, sedation, or a high incidence of dizziness. A "Rule Out Side Effects" notation indicated that a medication could cause side effects similar to, but less pervasive than, those warranting an "Unsafe Effects" label. Finally, "Heart Condition" indicated that the medication was generally used for heart problems that could disqualify drivers under DOT regulations.

B. The Hunt Hiring Process

Upon receiving an application for a commercial driving position, Hunt forwarded the application to its Corporate Driver Personnel Department in Lowell, Arkansas for screening of motor vehicle, criminal, and prior employment records and for a review of listed references. If an applicant passed this first level of screening and received a conditional employment offer, the applicant underwent medical screening, including questioning regarding the applicant's use of prescription medication for the last five years. Hunt used nonmedical personnel to conduct these screenings. If the applicant indicated use of a prescription drug, the reviewing employee consulted Hunt's medical guidelines3 and the DRL to determine the applicant's medical eligibility.

C. The EEOC Claim

EEOC claims that Hunt improperly rejected 546 applicants in violation of the ADA on the basis of a "blanket" exclusionary policy. EEOC admits, however, that Hunt hired several applicants who were using drugs prohibited under the DRL — in 1995, two applicants using drugs labeled "Disqualifying Condition" and eleven using drugs labeled "Unsafe Effects," and in 1996 and 1997, one applicant taking a "Disqualifying Condition" drug and thirteen using drugs with "Unsafe Effects." Prior to commencing work, each of these new employees provided Hunt with medical documentation from a treating physician or health care provider certifying that he or she did not suffer from the potentially problematic side effects and could operate a truck safely while taking the drug.

III.

EEOC filed its complaint in the United States District Court for the Northern District of New York on October 24, 1997. Both sides moved for summary judgment. EEOC alleged that Hunt violated the ADA by discriminating against individuals with disabilities or "perceived" disabilities. Hunt alleged that the DRL was a safety-related qualification standard addressing serious business concerns. The district court granted summary judgment for Hunt and denied EEOC's summary judgment motion based on (1) its conclusion that ADA protections did not extend to the excluded driver-applicants because the applicants were not, by virtue of their use of certain medications, disabled within the meaning of the ADA, and (2) its finding that the EEOC had failed to contradict Hunt's assertion that its use of the DRL as a safety measure was reasonable within DOT guidelines. Equal Employment Opportunity Comm'n. v. J.B. Hunt Transp., Inc., 128 F.Supp.2d 117, 135-36 (N.D.N.Y. 2001). On appeal, EEOC abandoned its argument that the excluded applicants were "disabled" under the ADA, claiming only that the district court erred by granting summary judgment to Hunt when the evidence supported the conclusion that Hunt regarded the applicants as disabled because of their use of medications on the DRL.

IV.

We review a district court's grant of summary judgment de novo, construing the evidence presented below in the light most favorable to the non-moving party. Manning v. Utils. Mut. Ins. Co., 254 F.3d 387, 391 (2d Cir.2001). While this Court may affirm on any ground with adequate support in the record, we may not affirm summary judgment where any evidence in the record would support a reasonable inference in favor of the opposing party. See McCarthy v. Am. Int'l Group, Inc., 283 F.3d 121, 124 (2d Cir. 2002); VKK Corp. v. Nat'l Football League, 244 F.3d 114, 119 (2d Cir.2001).

A. The Statutory Framework and the Definition of "Disability."

The ADA provides a deceptively simple definition of disability:

The term "disability" means, with respect to an individual —

(A) a physical or mental impairment...

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