Hurd v. Cardinal Logistics Mgm’t Corp.

The plaintiff was entitled to partial summary judgment as to the defendant’s pre-offer medical examinations and inquiries – per se ADA violations. As an applicant, the plaintiff didn’t need to qualify as an individual with a disability to bring his claim, and he established liability via lost wages and mileage incurred while traveling to the examinations. However, because there was no dispute that the plaintiff didn’t meet USDOT standards to work as a commercial driver, the defendant was entitled to summary judgment as to the plaintiff’s ADA failure-to-hire claim.

Hurd v. Cardinal Logistics Mgm’t Corp., No. 7:17cv319, Sept. 25, 2018. WDVA at Roanoke (Dillon).

Categories: Opinions, U.S. District Court - Western District of Virginia

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