DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
161371P.pdf 10/12/2016 Robert Parker v. Crete Carrier Corporation
U.S. Court of Appeals Case No: 16-1371
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Benton, Author, with Loken and Gruender, Circuit Judges]
Civil case - Employment discrimination. The district court did not err in
admitting defendant's expert's report regarding sleep apnea; defendant
established that its requirement for drivers with a BMI of 35 or greater
to undergo sleep apnea testing was job-related and consistent with
business necessity; defendant carried its burden of showing it reasonably
defined the class of drivers to be tested; the evidence showed defendant
defendant suspended plaintiff for refusing to submit to a lawful medical
examination and that did not violate the Americans with Disabilities Act.