News & Insights

Transportation contractors are tasked with the duty to get students to school safely. It is not uncommon for a transportation contractor to discover, either during the interview process with an applicant or through discussion with an employee, that the applicant or employee has a disability. Transportation contractors may immediately wonder how, if at all, the disability could affect the ability to provide safe transportation. But as transportation contractors know, a disability does not automatically disqualify an individual from driving a school bus. Accordingly, contractors must consider their obligations under the Americans with Disabilities Act (“ADA”), and the state equivalent Pennsylvania Human Relations Act (“PHRA”). 

Generally, the ADA applies to employers who have 15 or more employees; however, the PHRA, state law that contains requirements mostly parallel to the ADA, applies to employers who have 4 or more employees. 42 U.S.C. §12111(5)(A); 43 P.S. §954(b). Under the ADA, employers must engage in the interactive process with an employee when the employee requests a workplace accommodation due to a disability, or if the employer otherwise has notice that the employee has a disability and may need an accommodation. 29 C.F.R. §1630(o)(3). The requested accommodation must be reasonable, meaning it must enable the employee to perform the essential function of the position without imposing an undue hardship on the employer. 29 C.F.R. §§1630(o)(1); 1630(p). When determining whether a requested accommodation would pose an undue hardship, contractors should consider whether it would require the contractor to incur significant difficulty or expense in its implementation. 29 C.F.R. §1630(p). Additionally, contractors may consider whether the individual, even with the accommodation, would pose a direct threat to others, such as student on a school bus. 29 C.F.R. §1630(r). Ultimately, contractors are required to provide a reasonable accommodation if not undue hardship exists; however, contractors should keep in mind that they are not necessarily required to provide the exact accommodation requested by the employee if another reasonable accommodation is available. 29 C.F.R. §§1630(o)(4). 

Transportation contractors should keep in mind that Pennsylvania has established physical fitness standard for school bus drivers. Generally, if an applicant or employee cannot pass a the physical exam or recertification, they cannot drive a school bus. When there is a legitimate question regarding an employee’s fitness for duty, the contractor may require an appropriate fitness for duty examination, provided this is job-related and consistent with business necessity. 

Ultimately, transportation contractors should avoid making assumptions about an applicant or employee based solely on a disability. Contractors must engage in the interactive process when an accommodation is requested or when they otherwise know or have reason to know that an accommodation may be necessary. Contractors must also evaluate the applicant’s or employee’s ability to be fit for duty and perform the essential functions of the job with an accommodation. Ifyou have an applicant or driver with a disability, and need guidance on accommodations and the interactive process, please contact us at help@rckelly.com or 215-896-3846.