Curtis Shannon was a bus driver for the New York City Transit
Authority. About six weeks after starting his job he was involved in a minor accident. Part of normal procedure required Shannon to get a medical clearance to go back to work, but he failed his eye exam -- he was found to be color blind, and unable to distinguish traffic light colors. Shannon was given an exhaustive series of tests by several different doctors, including two consulting ophthalmologists not employed by the NYCTA, who confirmed his inability to see color correctly.
Shannon was given a choice: resign his position or be fired. He resigned, but filed a complaint with the Equal Employment Opportunity Commission claiming that he was not given "reasonable accommodation" to do his job per the Americans with Disabilities Act -- even though he denies being color blind. He also filed suit against the NYCTA claiming discrimination
on the basis of the "disability" he denied having. The court threw out the suit, and Shannon appealed to the U.S. Court of Appeals. The appeals court agreed with NYCTA policy -- and U.S. Department of Transportation rules for commercial drivers -- that a bus driver being able to properly distinguish the color of traffic lights is an "essential function" of a his job, and that a "reasonable accommodation can never involve the elimination of an essential function of a job." It found the lower court's finding that Shannon could not distinguish the different colors of traffic lights was reasonable, considering the testimony of several different doctors, and upheld the dismissal of Shannon's case -- to the considerable relief of every pedestrian, driver and bus passenger in the city.
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Authority. About six weeks after starting his job he was involved in a minor accident. Part of normal procedure required Shannon to get a medical clearance to go back to work, but he failed his eye exam -- he was found to be color blind, and unable to distinguish traffic light colors. Shannon was given an exhaustive series of tests by several different doctors, including two consulting ophthalmologists not employed by the NYCTA, who confirmed his inability to see color correctly.
Shannon was given a choice: resign his position or be fired. He resigned, but filed a complaint with the Equal Employment Opportunity Commission claiming that he was not given "reasonable accommodation" to do his job per the Americans with Disabilities Act -- even though he denies being color blind. He also filed suit against the NYCTA claiming discrimination
on the basis of the "disability" he denied having. The court threw out the suit, and Shannon appealed to the U.S. Court of Appeals. The appeals court agreed with NYCTA policy -- and U.S. Department of Transportation rules for commercial drivers -- that a bus driver being able to properly distinguish the color of traffic lights is an "essential function" of a his job, and that a "reasonable accommodation can never involve the elimination of an essential function of a job." It found the lower court's finding that Shannon could not distinguish the different colors of traffic lights was reasonable, considering the testimony of several different doctors, and upheld the dismissal of Shannon's case -- to the considerable relief of every pedestrian, driver and bus passenger in the city.
gefunden auf http://www.stellaawards.com/