West Case Update

Inability to Drive Is Not a Disability

Description Appeals court affirmed dismissal of a disability discrimination suit brought by an employee whose job required some driving. Due to medical treatment, she was not to drive for six months. The court held that the inability to drive was not a qualified disability since she her medical condition did not affect her ability to do her work.

Topic Employment Discrimination

Key Words Disability Discrimination; Disability; Accommodation

C A S E S U M M A R Y

Facts Chenoweth is an experienced nurse, age 41. She worked for Hillsborough County, Florida, as a manager, reviewing files of hospital patients for whom the county is financially responsible. She could do some of the work at home, but she would have to drive to various hospitals to review records. She suffered a seizure and was diagnosed as having focal onset epilepsy. Her physician prescribed a medicine for her and told her not to drive at all until she had gone six months without a seizure. Since she could not drive, she proposed to the county that she work at home two days a week and that she not have to drive to the various hospitals to check records. The county agreed she could work at home some, but did not agree to the other request. She sued for disability discrimination. The trial court granted summary judgment for her employer; she appealed.

Decision Affirmed. "Chenoweth produced no evidence that she was, in fact, unable to perform her job. Neither did she offer any evidence showing that the County regarded her as disabled to perform her work." Her inability to drive is not an impairment of a major life activity that qualifies her to be disabled under the Americans with Disabilities Act.

Citation Chenoweth v. Hillsborough County, 250 F.3d 1328 (11th Cir., 2001)

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Inability to Drive Is Not a Disability
Description	Appeals court affirmed dismissal of a disability discrimination suit brought by an employee whose job required some driving. Due to medical treatment, she was not to drive for six months. The court held that the inability to drive was not a qualified disability since she her medical condition did not affect her ability to do her work.
Topic	Employment Discrimination
Key Words	Disability Discrimination; Disability; Accommodation
C A S E S U M M A R Y
Facts	Chenoweth is an experienced nurse, age 41. She worked for Hillsborough County, Florida, as a manager, reviewing files of hospital patients for whom the county is financially responsible. She could do some of the work at home, but she would have to drive to various hospitals to review records. She suffered a seizure and was diagnosed as having focal onset epilepsy. Her physician prescribed a medicine for her and told her not to drive at all until she had gone six months without a seizure. Since she could not drive, she proposed to the county that she work at home two days a week and that she not have to drive to the various hospitals to check records. The county agreed she could work at home some, but did not agree to the other request. She sued for disability discrimination. The trial court granted summary judgment for her employer; she appealed.
Decision	Affirmed. "Chenoweth produced no evidence that she was, in fact, unable to perform her job. Neither did she offer any evidence showing that the County regarded her as disabled to perform her work." Her inability to drive is not an impairment of a major life activity that qualifies her to be disabled under the Americans with Disabilities Act.
Citation	Chenoweth v. Hillsborough County, 250 F.3d 1328 (11th Cir., 2001)