70 Year Magazine Archive

Disabling America

by Walter Olson

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YOU may think I’m making this up unless I offer a verbatim quote, so here’s exactly what the Washington Post reported in a front-page story on April 8: “In January, a former truck driver for Ryder Systems, Inc., won a $5.5-million jury verdict after claiming, under the ADA [Americans with Disabilities Act], that Ryder unfairly removed him from his position after he suffered an epileptic seizure, saying his health condition could be a safety hazard. During the time he was blocked from his job at Ryder, the driver was hired by another firm, had a seizure behind the wheel and crashed into a tree. Ryder is appealing the verdict.”

That’s one of many emerging cases where the right to sue employers under new civil-rights laws “may be on a collision course” with public safety, according to Post reporter Kirstin Downey Grimsley. For instance, the Clinton Administration’s Equal Employment Opportunity Commission has filed an ADA suit against Federal Express over its policy of employing only drivers with sight in both eyes. The Department of Transportation forbids one-eyed drivers from operating big rigs; FedEx applies the same policy to drivers of its delivery trucks. The EEOC says such a rule is unlawful and is demanding that the company fork over back pay.

WO

About the Author

Walter Olson

Walter Olson is a senior fellow at the Cato Institute and the author of several books.

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