Sources: U.S. Court of Appeals for the Eighth Circuit, St. Louis; Littler P.C., San Francisco; CP staff
A three-judge Appellate Court panel has affirmed a U.S. District Court decision favoring Lincoln, Neb.-based Crete Carrier Corp., which had defended a policy subjecting drivers with body mass index (BMI) of 35 or higher to testing for risk of obstructive sleep apnea (OSA)—where tissues around the upper respiratory tract relax and physically block the airway.
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