Respuesta :
FedEx asserted that the FMCSRs obliged FedEx to require a successful DOT medical examination as a requirement of the job. The district court agreed and granted summary judgment for FedEx on both grounds. However, because their de novo review of the record shows that summary judgment was improper, they reverse and remand for further proceedings consistent with this opinion. However, after much analysis, it came to a conclusion that the appellant (Samson) here cannot drive because he did not pass the physical exam. FedEx correctly rescinded his conditional offer of employment.
Answer:
The answer is: The court revoked and referred for new procedures.
Explanation:
The court concluded that reasonable jurors could differ as to whether the FedEx truck test drive was an essential function of the Technician position.
The court also concluded that the occasional driving test of empty FedEx trucks in the Fort Myers area did not constitute the transportation of property or passengers in interstate commerce.
Therefore, the FMCR did not force FedEx to require the plaintiff to obtain DOT medical certification to be "qualified" for the Technician position.
The FMCR did not grant FedEx a defense against the claimant's disability discrimination claims.
Consequently, the court revoked and referred for new procedures.
The answer is: The court revoked and referred for new procedures.