Failure to ask for accommodations halts failure-to-accommodate claims

An Ohio federal court ruled a commercial truck driver wasn’t denied a reasonable accommodation when vision issues prevented him from driving a tractor trailer for several months.

Facts

Linmore Investments, Inc. (LMI) is a transportation company specializing in hauling hazardous chemicals. In December 2010, Bryan Roseman began working as a tanker truck driver for the company at a terminal in Cincinnati.

At the time, Roseman already had a Class A commercial driver’s license (CDL), which was a requirement for operating tanker trucks for LMI. To maintain his CDL, he was required by U.S. Department of Transportation regulations to submit to a yearly physical and to meet vision standards. The regulations require a driver’s vision be a least 20/40.

On April 3, 2015, Roseman informed his manager he was having vision problems in his right eye. Medical records indicate he began seeking treatment for his vision problem as early as March 18, 2015, and was told he shouldn’t operate a tractor trailer because the vision in his right eye was 20/400. Because his next doctor’s appointment wasn’t until May 1, his manager placed him “out of service” and on voluntary medical leave of absence until he could provide a doctor’s release.