REASONABLY accommodated.
Putting a toilet next to someone else's bed is not a reasonable accommodation. Frequent stops yes. Pooping in the truck, no.
A crappy question
Discussion in 'Questions From New Drivers' started by gprimr1, Feb 21, 2022.
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pumpkinishere and buddyd157 Thank this.
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He can use a couple tarp bungees and keep it on the catwalk.
pumpkinishere and Dflip Thank this. -
thing being, if he has a legitimate problem, and not here to just "stir the pot", (since he only has ONE post) then he needs to get meds from his doctor, that can help control his situation. however, he can still have "explosive" feelings, that he simply cannot pull over in time, before "that she blows" all over the place.
he'd really be best suited for a job where the nearest bathroom is short steps away.
since he has not been here since 1:54 PM monday, when he posted this, i think that frankly, this thread should be removed.
in other words, a "one post wonder, maybe even a troll"..???pumpkinishere Thanks this. -
The OP might have other things going on and isn't able to respond. Sometimes the "one post wonders" surprise us and show up again.
If he's a troll, you responding to this thread is just exactly what he wants.pumpkinishere and Malt Ball Cult Thank this. -
Make up your mind, mm-k? It's a disability. Re-read my post. I don't see where I said it's a disability per SSA, do you?
Oh, oops, had you spent a couple more nanoseconds, you MIGHT have found this, straight from ADA:
"Sec. 12102. Definition of disability
As used in this chapter:
(1) Disability
The term "disability" means, with respect to an individual
(A) a physical or mental impairment that substantially limits one or more major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment (as described in paragraph (3))."
I'd say, it fits.pumpkinishere Thanks this. -
One thing I've learned as a trainer is to make sure my trainee knows when his last opportunity for a restroom is. As you head south on I55 in Illinois, the last rest area/truck stop is about mm 37. After that you need to get about 12 miles into Missouri before the next safe/legal place to use the restroom. I am constantly amazed by how often I sat "this is your last chance for the next hour", then 10 minutes later they have to go.
Or look at Chicago- once you start on 94/294 there's only one truck stop. Sure there are the service plazas, but odds of getting a safe spot to park are very long. I never start that leg if I can't get all the way through. You can substitute Atlanta or Nashville - there is at least an hours travel time in-between safe/legal parking.
If you can't hold it for at least 30 minutes, then you cannot safely drive a CMV.pumpkinishere, buddyd157 and Malt Ball Cult Thank this. -
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pumpkinishere and REO6205 Thank this.
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(6)
using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity;
I don't think a carrier will ever be forced to install a toilet in a motor vehicle to satisfy the ADA. Now a carrier might be OK with a driver with this disability using a portable toilet, but you are going to find in a team setting forcing the other driver to put up with this is a bit outside the range of the ADA. Now, there is a ton of case law with regard to the ADA, but I know of none that is specific to ADA as it relates to someone with IBS. This is the basic issue. I can sit here and say this situation is NOT covered by the ADA and you can say it is. Neither of us can be 100% sure until a case is made using it and that person wins that case. The US agency that enforces the ADA can attempt to get a carrier to do so, but if that carrier refuses it takes Federal court action to establish a controlling legal precedent establishing this. Everybody has an opinion on what reasonable means. However, the only opinion that counts is the opinion of the courts. One last point. I am disabled now. I am just over a month away from my 64th birthday. I have Epilepsy. Epilepsy is COVERED by the ADA! I take several anti-seizure meds. My chances of using the ADA to get my Virginia CDL back and becoming an OTR driver are about as good as a snowball's in hell. Again, let us not lose sight of that word reasonable.Last edited: Feb 26, 2022
pumpkinishere, buddyd157 and gentleroger Thank this.
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