U.S. Court of Appeals for the Fourth Circuit

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Fourth Circuit Court allows jury consideration of ADA driver requirements

March 02, 2016

The Fourth Circuit vacated and remanded the case. In an unpublished per curiam opinion, the court concluded that summary judgment was not warranted because there is a genuine dispute of material fact as to whether the essential function at issue is driving or travelling, and that factual dispute is for a jury to resolve.

U.S. Chamber files amicus brief

May 11, 2015

In its coalition brief, the U.S. Chamber urged the Fourth Circuit to uphold the decision of the U.S. District Court for the Middle District of North Carolina at Greensboro, which held that driving is an essential function of the plaintiff's pharmaceutical sales representative job. The brief explains that assigning a permanent, full-time personal driver is an unreasonable accommodation when driving is an essential part of the job. Other efforts were made to accommodate the plaintiff, but she disengaged and rejected the employer's efforts to identify other positions for which she was qualified that didn't require driving.

The Equal Employment Advisory Council and National Federation of Independent Business Small Business Legal Center filed this brief jointly with the Chamber. Rae T. Vann of Norris, Tysse, Lampley & Lakis, LLP served as counsel for the amici with the U.S. Chamber Litigation Center.

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