Daugherty v. City of El Paso: Diabetic Bus Driver Not Entitled to ADA Protection After His Position Was Eliminated

In Daugherty v. City of El Paso, the Fifth Circuit held that an employee, a diabetic bus driver, was not a "qualified individual with disability," and that the city's failure to reassign him did not violate the ADA's reasonable accommodation obligation, absent evidence he was treated differently from other part-time employees whose jobs were eliminated.

In 1991, Daugherty was hired by the City of El Paso (City) as a part-time bus driver. In June 1992, Daugherty was diagnosed as an insulin-dependent diabetic. As a result of the diagnosis, the City placed him on leave of absence without pay and relieved him of his driving duties. Daugherty sued the City for violations of the ADA. Daugherty did not argue that the City violated the ADA by relieving him of his driving position. Rather, he argued that a violation occurred because the city failed to pursue a waiver of his disqualification from operating a commercial motor vehicle with the Department of Transportation (DOT), and failed to place him in another position on the City payroll. At trial, a jury awarded Daugherty $5,000 in compensatory damages and backpay, interest, and attorney's fees. The City appealed.

The Fifth Circuit noted that a "qualified individual with a disability" means a person with a disability who, with or without reasonable accommodation, can perform the essential duties of the employment position that such person holds or desires. Discrimination includes "not making reasonable accommodations to the known limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the [employer] can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such [employer]." The court added that the application of "qualification standards" that screen out or otherwise deny a job to an individual with a disability has been shown to be job-related and consistent with business necessity. Qualification standards may include that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace. The term "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

Regarding the "waiver" claim, the Fifth Circuit found that after he was diagnosed with diabetes, Daugherty was not qualified to perform the essential functions of a bus driver. DOT regulations prohibited him from operating heavy trucks, or a bus seating more than 16 people. The court found as a matter of law that an insulin-dependent diabetic is not "otherwise qualified" because his medical condition presented a genuine substantial risk that the could injure himself or others. Thus, even had the City sought a waiver of the DOT regulations, Daugherty's medical condition would still make him not otherwise qualified to drive a bus.

Regarding the "reassignment" claim, the Fifth Circuit noted that reasonable accommodation may include reassignment. The court noted that full-time employees were given priority over part-timers, and that to bump Daugherty above non-disabled full-time employees would invite law suits. The court noted that the City must accommodate the plaintiff's disease unless it can show that the accommodation would impose an undue hardship on the operation of its program. The court stated that the City is not required to alter its program, or to find or create a new job. In holding that there was no ADA violation, the court held that Daugherty was not treated differently than other part-time employees whose jobs had been eliminated.

Daugherty v. City of El Paso, 56 F.3d 695 (5th Cir. 1995).

Notice: The information on this page may not be current. The archive is a collection of content previously published on one or more NAR web properties. Archive pages are not updated and may no longer be accurate. Users must independently verify the accuracy and currency of the information found here. The National Association of REALTORS® disclaims all liability for any loss or injury resulting from the use of the information or data found on this page.

Advertisement