Jury to decide if fired truck driver was victim of disability, age bias

A former employee filed a lawsuit arguing he was discriminated against based on his disability and age when his former employer denied his request to be reassigned to a different position. The case reminds employers of the importance of (1) engaging in an interactive dialogue with employees to determine reasonable accommodations for employees with disabilities, including a possible reassignment accommodation, and (2) providing clear and consistent employment decisions.

Facts

Gary Trinidad worked as a customer service technician (CST) for Agiliti Health, Inc., a hospital management company. The CST duties included driving a company truck to pick up and deliver medical equipment to hospitals and nursing homes. The company announced plans to transition its fleet of vehicles from 12-foot trucks to 14-foot trucks. The extra two feet required a special U.S. Department of Transportation (DOT) license, which Trinidad couldn’t qualify for because he was born blind in one eye.

Trinidad let Agiliti know he couldn’t secure the license because of his disability. He alleged his supervisor told him there were other opportunities within the organization, including a hospital service technician (HST) role that didn’t require the DOT license.

After replacing the trucks, Agiliti informed Trinidad it was terminating him in two weeks because he didn’t qualify for the DOT license. He then asked to be reassigned to a different position as an HST. The employer didn’t think he could handle the physical demands of the other job, so it let him go.

Court’s decision