Southeast ADA Center
2007
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Mr. Joseph P. Feagan, Ms. Lillie B. White, and Ms. Nellie M. Richards (“Plaintiffs”), worked as drivers for defendant Jaunt, Inc., a paratransit service. The three drivers had ailments that prevented them from being able to assist customers who use wheelchairs. In 2001, Jaunt instituted a new driver classification system which included Driver II (drivers with limitations) and Driver III (full service drivers) categories. Jaunt began requiring that all newly hired drivers meet Driver III criteria as evidenced by passing a physical test mimicking the stresses placed on drivers in service. Jaunt did not require the Plaintiffs to pass the test and did not assign them to serve customers in wheelchairs.
In 2004 Jaunt restructured its driver classification system to reduce expenses and inconveniences and improve customer service. Jaunt began requiring that all drivers be capable of assisting customers in wheelchairs, and gave all Driver II employees six months to pass the physical test or be laid off. Jaunt claims to have offered job placement assistance to drivers who were unable to pass the test. The Plaintiffs refused to take the test, were laid off, and brought suit under the ADA alleging disability-based discrimination. A federal district court in Virginia granted summary judgment in favor of Jaunt, and the Plaintiffs appealed the decision to the Fourth Circuit Court of Appeals.
https://adasoutheast.org/court-decisions/feagan-v-jaunt-inc
Keywords: definition of disability, employment, job restructuring, reasonable accommodations, transportation