Employment — ADA

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United States Court of Appeals

Civil

Employment — ADA

An employee who is capable of long-haul truck driving is not substantially limited in the major life activity of working.

“Here, at best Powers has shown only that he cannot work as a truck driver in positions requiring significant dock work. In fact, the evidence was that Powers worked as a long-haul driver for two years without any problems and that his problems arose only after he transferred to city driver work. In short, there is no evidence in the record that Powers’s impairment prevents him from working as a truck driver in general. And it is Powers’s burden to present such evidence. DePaoli v. Abbott Lab., 140 F.3d 668, 672 (7th Cir. 1998). Accordingly, based on this record, we cannot conclude that Powers is actually impaired in the major life activity of working.”

Affirmed.

10-2363 Powers v. USF Holland, Inc.

Appeal from the United States District Court for the Northern District of Indiana, Van Bokkelen, J., Manion, J.