Employers On The Hook For Chauffeurs Says Appeals Court

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit ruled that driving might not be an ADA “essential function” in jobs that require driving but primarily exist for other reasons. If driving is an essential function, then the employer can insist that the employee do it under the ADA, with or without a reasonable accommodation. If driving is not an essential function, the employer is responsible for getting that function handled in some other way. The ruling, in a case titled Stephenson v. Pfizer, Inc., apparently does not affect employers in areas such as transportation in which driving can be safely assumed to be an essential function.