• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About Us
  • Blog
  • Subscribe to the Journal
  • Contact Us
Sleep Diagnosis and Therapy

Sleep Diagnosis and Therapy

Official Publication of the American Sleep and Breathing Academy

Sleep Apnea Not Covered Under Americans with Disabilities Act

February 25, 2021 by admin

According to an article in Landline, USF Holland and Teamsters Local 480 will not have to face a lawsuit brought by a driver who claimed violations of the Americans with Disabilities Act for discriminating against his sleep apnea condition.

“On Feb. 3, a Tennessee federal court granted motions to dismiss filed by USF Holland, Teamsters Local 480 and Occupational Health Centers of the Southeast, P.A. Co. (Concentra),” writes Tyson Fisher. “The plaintiff, Ernest Southall, accused the companies of discrimination for not accommodating his sleep apnea. However, Southall had filed a similar lawsuit in 2015, which was also dismissed in 2018. The judge dismissed the latest case after determining it was nothing more than an attempt at a do-over of the first lawsuit.

In the first lawsuit, the driver was diagnosed with sleep apnea and received a prescription to use CPAP. The lawsuit states that in September 2014 Concentra told Southall the trucking company had alternate work that did not involve driving. “Southall claims that the company received unauthorized healthcare information from Concentra in October 2015,” Fisher explains. “Allegedly, a manager and two other USF Holland employees laughed at him as he slept. During that same time, Southall was told he was not permitted to work.” 

Ultimately, the court ruled: “All of plaintiff’s allegations were either raised or could and should have been raised in Southall I…It is too late for plaintiff to start over because he lost his first lawsuit. Both issue preclusion and claim preclusion prohibit a second crack (at a claim or an issue, respectively) arising from the same facts. And as for plaintiff’s claim that he did not have a full and fair opportunity to litigate his claims in Southall I, it is nonsense.”

Filed Under: Blog, News

Primary Sidebar

More to See

Snoring, American Sleep and Breathing Academy and the NY Times

August 23, 2022 By admin

Jazz Pharma Presents 17 New Posters for SLEEP 2022

June 6, 2022 By admin

Tags

apnea CPAP Health Home Sleep Home Sleep Testing insomnia narcolepsy obstructive sleep apnea Sleep sleep apnea sleep apnea symptoms sleep apnea syndrome sleep apnea treatment sleep appliances sleep buisness Sleep Business sleep center Sleep Centers sleep community sleep diagnosis sleep diagnostic sleep diagnostics sleep disease sleep disorder sleep disorder center sleep disordered breathing sleep disorders sleep heart health sleep industry sleeping Sleep Lab sleep labs sleep management sleep medicine sleep monitor sleep physicians sleep problems sleep studies sleep study sleep technologist sleep test sleep testing Technology therapy Treatment

Footer

About SleepDT

SleepDT Sleep Diagnosis and Therapy is a clinical Journal for allied Sleep Professionals, Neurologists, Psychiatrists, Pulmonologists, Primary Care Physicians, and other medical specialists. We also advocate on behalf of patient care in the field of Sleep Medicine

Recent

  • SUPPORT AND PROMOTE DENTAL SLEEP MEDICINE IN 2023!
  • Snoring, American Sleep and Breathing Academy and the NY Times
  • Jazz Pharma Presents 17 New Posters for SLEEP 2022
  • AJMC Hypes SLEEP 2022
  • Avadel Pharmaceuticals’ Stock Falls

NAVIGATION

  • Home
  • About Us
  • Blog
  • Subscribe to the Journal
  • Contact Us

Copyright © 2023 · Sleep Diagnosis and Therapy