Cummings v. Dean Transportation, Inc.

9 F. Supp. 3d 795, 2014 WL 1304258, 2014 U.S. Dist. LEXIS 45023
CourtDistrict Court, E.D. Michigan
DecidedApril 2, 2014
DocketNo. 12-CV-14846
StatusPublished
Cited by11 cases

This text of 9 F. Supp. 3d 795 (Cummings v. Dean Transportation, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cummings v. Dean Transportation, Inc., 9 F. Supp. 3d 795, 2014 WL 1304258, 2014 U.S. Dist. LEXIS 45023 (E.D. Mich. 2014).

Opinion

OPINION AND ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT

GERALD E. ROSEN, Chief Judge.

I. INTRODUCTION

This action for an alleged violation of the Americans with Disabilities Act (the “ADA”) and the Michigan Persons with Disabilities Civil Rights Act (the “PWDCRA”) is presently before the Court on the parties’ cross-motions for summary judgment. Having reviewed the parties’ briefs, the accompanying exhibits, and the record as a whole, the Court finds that the pertinent facts and legal contentions are [797]*797sufficiently presented in these materials, and that oral argument would-not assist in the resolution of this matter. Accordingly, the Court will decide this matter “on the briefs.” See Eastern District of Michigan Local Rule 7.1(f)(2). This Opinion and Order sets forth the Court’s ruling.

II. PERTINENT FACTS

Commencing with the 2010-2011 school year, the Crestwood School District in Dearborn Heights, Michigan hired Defendant Dean Transportation, Inc. (“Dean”) to provide school bus transportation and maintenance services. As a result of being retained to provide Crestwood’s school bus services, Dean had an opening for a mechanic at the Crestwood garage.

Dean’s maintenance mechanics are responsible for repairing and maintaining the school buses, and are also required from time to. time to drive those buses. Pellerito Decl., p. 1. Accordingly, the mechanic’s job opening required that the successful applicant possess or obtain a Commercial Driver’s Licence (“CDL”) with a School Bus (“S”) and Passenger (“P”) endorsement, and be able to drive school buses on public roads. See Defendant’s Exhibits 3, 4.

Driving is regularly required for purposes of road-testing, trouble shooting, retrieving disabled vehicles and delivering repaired vehicles. Pellerito Decl., at pp. 1-2. Driving the bus for purposes of transporting students is also required, in an emergency situation, when no regular driver or substitute driver is available. Id., p. 2. These driving duties are set forth in the job description. Defendant’s Ex. 3; Pellerito Decl., at p. 2. They are also reflected in the job application, and in the contracts that Dean has with its customers. See Defendant’s Exhibits 4-5; Pellerito Decl., at p. 2. All of these duties entail driving school buses on public roads. Pellerito Decl., p. 2.

Plaintiff Robert Cummings applied for the Dean mechanic’s position at Crestwood in the beginning of September 2010, and was offered the job by Dean’s hiring manager, Scott Pellerito, conditional upon Cummings passing a Department of Transportation physical. Cummings is an insulin-dependent diabetic and Scott Pel-lerito, who wanted to hire Cummings, knew at the time he offered Cummings the job that he was a diabetic. See Pellerito Decl., p; 2; Plaintiffs Dep., pp. 92-93; 113.

Unfortunately for Cummings (and Pel-lerito), the law in Michigan at the time Cummings applied for the job did not allow insulin-dependent diabetics to drive school buses.

CHANGES IN THE MICHIGAN PUPIL TRANSPORTATION ACT

The medical qualification requirements for drivers of commercial vehicles in Michigan are set forth in three sets of statutes and regulations: (1) the Federal Motor Carrier Safety Act (“FMCSA”) Regulations, 49 C.F.R. §§ 391.41-391.49; (2) the Michigan Motor Carrier Safety Act (“MMCSA”), M.C.L. §§ 480.12i-480.12k; and (3) the Pupil Transportation Act (“PTA”), M.C.L. §§ 257.1849-257.1853. The FMCSA regulations apply to truck drivers who are driving “interstate”; the MMCSA applies to truck drivers who are driving “intrastate”; and the PTA applies to school bus drivers.

Prior to June 22, 2010, an insulin-dependent diabetic was disqualified from driving a school bus under the PTA unless he could demonstrate that his diabetes was under control. To show that his diabetes was under control, the driver had to submit a “Physician Survey” form completed by his doctor. Upon receipt of the completed Physician Survey, the medical examiner was able to issue a “School Bus [798]*798Driver Certificate of Fitness” (also known as a “blue card”). However, effective June 22, 2010, the PTA was amended to incorporate the medical requirements applicable to drivers of interstate commercial vehicles set forth in the FMCSA regulations, 49 C.F.R. §§ 391.41-391.49. See M.C.L. § 257.1858(l)(b). Pursuant to 49 C.F.R. § 391.41(b)(3), an insulin dependent diabetic is not physically qualified to drive a commercial vehicle. Id.1 The amendment, however, provided that a school bus driver with diabetes would not be disqualified pursuant to the requirement of 49 C.F.R. § 391.41(b)(3) if (a) he was already employed as a school bus driver on June 22, 2010, or (b) “[t]he driver of the school bus had been granted a waiver under section 3 of the motor carrier safety act of 1963 PA 181, MCL 480.13.” See M.C.L.A. § 257.1863(b)®, (ii) (West 2010).

Under Section 3 of the MMCSA, M.C.L. § 480.13, the Motor Carrier Safety Appeal Board has the authority to grant applications for waivers from medical requirements of 49 C.F.R. § 391.41. However, when the PTA was amended in June of 2010 to incorporate the requirements of the FMCSA regulations, Section 5 of the MMCSA, stated, “This act and the rules promulgated under this act, do not apply to a school bus as defined in the pupil transportation safety act, 1990 PA 187 MCL 257.1801 to 257.1877....”■ M.C.L. § 480.15(8) (West 2010). Thus, while the Appeal Board had authority to grant waivers for intrastate truck drivers, it did not have authority to issue waivers for school bus drivers. This apparent oversight in the law was not addressed by the Michigan legislature until mid-2011.

On June 29, 2011, a bill was introduced to amend the MMCSA to give the Appeal Board the authority to issue waivers for school bus drivers. According to the House Floor Summary of 2011 PA 156:

The bill [HB 4360] would amend the Motor Carrier Safety Act to make an exception to the provision that the Act does not apply to a school bus under the Pupil Transportation Safety Act. Specifically, the Motor Carrier Safety Act states that the Act and the rules promulgated under it do not apply to a school bus as defined in the Pupil Transportation Safety Act. Under the bill, the Motor Carrier Safety Act and the rules promulgated under it would not apply to a school bus except for the purpose of granting a diabetes-related waiver in accordance with Section 53 of the Pupil Transportation Act (which prescribes minimum qualifications for school bus drivers).

HB 4360, Floor Summary (June 29, 2011) [Defendant’s Ex. 17]; see also

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9 F. Supp. 3d 795, 2014 WL 1304258, 2014 U.S. Dist. LEXIS 45023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cummings-v-dean-transportation-inc-mied-2014.