Motor carriers can have more stringent requirements of drivers than what are outlined in the FMCSA regulations--what do you think of this:
One of our trucking company will not accept any drivers that do not qualify for for a 2 year card. The patient was a recertification and presented with Stage 2 HTN. I gave him a 3 month card and advise he see his medical provider and bring documentation. He came back a week later with a note and on anti hypertensive meds. He said if he did not get a 2 year card he would lose his job. I called the company and they confirmed that they will not have a driver if he cannot qualify for a 2 year card regardless. Is this legal?
As to the legality of requiring drivers to have a two year certification, well first of all, you should certainly not certify a driver for 2 yrs with stage 2 HTN. Motor carriers may impose more stringent requirements on drivers above and beyond that required for FMCSA certification. To supersede ADA laws, they would have to show that this is necessary for safety reasons, and not be arbitrary just to avoid having unhealthy workers. This would violate the spirit of the ADA. Legal advice can only weigh in all the factors, and we are not attorneys.
The EEOC (Equal Employment Opportunity Commission) has lawyers on call to answer these types of questions, available in every metropolitan area, just goggle for your area for your local EEOC office.