If you’ve got any employees who work in hot weather, you may have obligations under the ADA you weren’t aware of.

A recent court case involved a truck driver with a heart condition. His doctor told him he could only drive trucks that were air conditioned.

Most of the trucks owned by the company had A/C, but the company couldn’t guarantee he’d never have to drive one without it.

For almost an entire year, he was given a truck with A/C. One day, he wasn’t, and he refused to work.

He sued, claiming only letting him drive cooled trucks was a required accommodation under the Americans with Disabilities Act.

Was he disabled?

The company argued that the employee’s condition didn’t rise to the level of “disability” under the law. They pointed out that not being able to work in heat is a common problem (especially in Phoenix, where the company was located), and the employee wasn’t substantially limited compared to the “average person in the general population.”

The court didn’t buy it, rejecting the argument that employees need to compared with “the general population” before deciding they’re disabled. The company lost the case.

Cite: Gribben v. United Parcel Service, Inc.

Tags: ADA, Americans with Disabilities Act, doctor, heart condition, heat, UPS