Shipping Co. Gets Driver's Disability Bias Suit Tossed

Law360 (February 4, 2021, 8:34 PM EST) -- A driver who has sleep apnea cannot proceed with his disability discrimination suit against shipping company USF Holland and his Teamsters local, a Tennessee federal judge has ruled, saying the worker was trying to recycle a similar suit that got thrown out in 2018.

U.S. District Judge Eli Richardson on Wednesday granted motions to dismiss from the union, Holland and the Concentra occupational health company, citing Ernest Southall's failed 2015 federal lawsuit and 2019 failed appeal in the Sixth Circuit on the same issues, which among other conclusions determined he is not disabled under the Americans with Disabilities Act.

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