Risk of a future disability not always an ADA claim

Suppose you have an applicant or employee who is currently healthy, but you are concerned she may develop an impairment or condition in the future. Can you make any decisions based on your concern without violating disability discrimination laws? Two cases—one in Illinois and another in Oklahoma—suggest that may be permissible in rare circumstances.

Chicago railroad applicant

After working for more than 30 years at a Chicago railyard as a groundsman, driver, and crane operator, Ronald Shell applied for a job with Burlington Northern Santa Fe Railway Company (BNSF) when it assumed control of the worksite. His new job with BNSF would require him to climb on rail cars, drive trucks, and operate cranes. Because the position required moving on and around heavy equipment, the railroad classified the job as "safety-sensitive." It extended him a job offer conditioned on the successful completion of a medical evaluation.

Shell didn't report any medical conditions to BNSF and described his overall health as "very good." He was 5' 10" tall and weighed 331 pounds, which translated to a body-mass index (BMI) of 47.5.