Wilkie v. Golub Corp.


, New York Law Journal


Judge Gary Sharpe

A truck driver for Golub, Wilkie was diagnosed with diabetes in 2004. He controlled his diabetes through diet and exercise but not insulin. After an Aug. 16, 2010, physical examination Wilkie's medical certification was renewed. However, the next day the doctor responsible for performing Department of Transportation (DOT) physicals for Golub's drivers found Wilkie's blood sugar levels too high to safely operate a commercial motor vehicle. Based thereon, Wilkie's medical certification was revoked and he could no longer work as a truck driver for Golub. District court granted Golub summary judgment dismissing Wilkie's Sept. 13, 2011, suit alleging discrimination violating the Americans with Disabilities Act (ADA). Not only was Wilkie required to exhaust administrative remedies through procedures established by the DOT, he failed to show himself qualified. Wilkie was denied DOT certification to drive a commercial motor vehicle in interstate commerce when the doctor found he did not pass the physical. When placed on disability leave based on the doctor's finding, Wilkie was no longer DOT-certified to drive a truck. Absent such certification, he failed to establish himself qualified, and could not maintain an ADA discrimination claim.

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