NJ court affirms dismissal of sleep apnea bias class action

On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias suit filed by a New Jersey Transit train operator who was required to undergo a sleep apnea screening due to the results of a physical examination. These examinations are required by NJ Transit’s policy and stem from safety concerns after a 2016 train accident. The three-judge panel upheld a trial court’s ruling that New Jersey Transit didn’t treat the employee unlawfully when his routine physical exam found he had a high risk for sleep apnea and removed him from service to be assessed for the disorder.

Facts

Anthony Alleyne was a member of the Brotherhood of Locomotive Engineer and Trainmen (BLET). According to Rule 29 of the BLET’s Collective Bargaining Agreement (CBA), employees are required to take and pass examinations connected with their duties, including physical examinations. Safety sensitive employees are also required to undergo a Sleep Assessment Monitoring Procedure, which includes a measurement of the employee’s height, weight, body mass index (BMI), and neck circumference. It also includes a review of the employee’s Epworth Sleepiness Scale questionnaire.

NJ Transit’s medical department found Alleyne’s BMI was greater than 35, which is considered a high-risk factor for sleep apnea. He was removed from service so he could be assessed for the disorder. He was diagnosed with sleep apnea but was cleared to return to work after receiving treatment.