Complete Labor Law Poster for $24.95
from, includes
State, Federal, & OSHA posting requirements


No announcement yet.

route driver/40% DAV Missouri

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • route driver/40% DAV Missouri

    I drive a small truck for my employer. We run routes during the week and most of the time the mileage is over 450 miles a day. About 1500 miles in 4 days is average. I am 40%DAV for bad knees and more stuff. I told them that I cannot keep driving all these miles because ofthe pain in my knees and right wrist. I was told that I have no choice but do it or else. How can I get it into their head that I cannot do it any longer, some days are 11 to 12 hrs. please advise

  • #2
    You may not be able to. You may have no options but to find another job.

    The first step is for you to self-identify as disabled and formally request an accommodation under the ADA. (The law does not specifically require that you invoke the ADA, but if you do, there cannot possibly be any question about what rights you are invoking.) The law then requires the employer to enter into an interactive process with you as to what accommodation would allow you to complete the essential functions of your position. But even under the ADA, the employer is not obligated to remove an essential function from your position. If your position requires that you drive 450 miles a day, there is only so much with which the law can help you. The law also does not require that he modify the performance standards of the position; create a new position within your limitations; put you into a position for which you are not qualified; bump someone else out of their position to give it to you; give you the accommodation you want or even the one your doctor recommends (only one that works) or to create an undue hardship on themselves. Also, the employer is entitled to medical confirmation of your limitations.

    If there is no way to accommodate your position without removing an essential function, and no open position which they would have to fill anyway and for which you are qualified, then you may have to find another job.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Thanks, I was afraid of that.


      The forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on are opinions and suggestions of members and is not a representation of the opinions of does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.