Brunelle v. Norfolk So. Ry. Co.

A commercial truck operator stated a claim against his employer under the Americans with Disabilities Act, based on being laid off from work following a medical examination. Despite no negative medical opinion, the plaintiff wasn’t reinstated until six months after his removal, and he alleges his employer hasn’t paid him for those six months. He sufficiently alleged that Federal Motor Carrier Safety Administration remedies were inadequate and that he was physically qualified to drive a commercial vehicle.

Motion to dismiss denied.

Brunelle v. Norfolk So. Ry. Co., No. 2:18cv290, Sept. 28, 2018. EDVA at Norfolk (Smith).

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

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