ADA proves no shield for obese driver refusing sleep apnea test

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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Federal contractor ‘blacklisting’ rule winds through White House, agencies

Sources: Littler Mendelson P.C., San Francisco; Associated Builders & Contractors, Washington, D.C.; CP staff

The Department of Labor has submitted to the White House Office of Management and Budget (OMB) a proposed rule supporting President Obama’s July 2014 Fair Pay and Safe Workplaces Executive Order (E.O.), provisions in which can bar participation in federal projects if contractors or their subcontractors have violated labor laws in the past three years.

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