I am partially color blind, am I able to drive a school bus?

[kgraham0103]

What is the name of your state (only U.S. law)? Tennessee

I've been employed with the city of Nashville, TN as a school bus driver for 1 yr. Prior to being hired, I obtained my D.O.T physical and medical examiner card at Concentra. I recently was scheduled to get recertified at a clinic the city sends their drivers to. During the eye exam, the nurse pointed at a color. I answered and explained that I'm partially colorblind. She then stopped the exam and told me that they do not pass anyone with any amount of colorblindness. They sent a letter to the city stating that I failed because I couldn't distinguish between red, green, and yellow. This document is false; she stopped the test prematurely. I can distinguish between red, green, and yellow, which I believe is all TN law requires for the physical. The city has pulled me from all driving related to duties, and will not accept a D.O.T card from another clinic (not even the one I went to originally upon hire) because they consider that 'doctor shopping.' What options do I have? Are their actions legal?

 

[cbg]

My husband is color blind. He thinks he can distinguish between red, yellow, and green, but he's wrong. He usually gets red right, but he gets green wrong about 50 percent of the time and as for yellow, forget it.

 

[eerelations]

My husband is also colour blind - he thinks only slightly so, but he's wrong too. In the 25+ years we've been together I've never heard him get a colour right.

 

[Chyvan]

The city has pulled me from all driving related to duties,

What options do I have?

Are you still working? Are your pay checks the same size as before? If not, you need to apply for unemployment. You've either been "fired" or had your hours reduced enough to potentially qualify for partial unemployment.

 

[kgraham0103]

Are you still working? Are your pay checks the same size as before? If not, you need to apply for unemployment. You've either been "fired" or had your hours reduced enough to potentially qualify for partial unemployment.

I have a meeting today where they are supposed to give me their decision on what will happen from here. They will either allow me to go back to the clinic that passed me originally, or offer me a custodian position which pays a lot less.

 

[Stephen1]

Here is my opinion:
- In regard to your employer, absent some contract provision, they can fire you for almost any reason. I see nothing illegal here. They were told by a doctor's office that you didn't meet the minimums for the job.
- In regard to the doctor's office, they were hired to determine whether or not you meet the medical minimums to do your job. If you did meet the minimums (as certain forms of color vision deficiency might be allowed), then you MIGHT have grounds for action against the doctor's office. Talk with an attorney who understands this stuff.

 

[Mass_Shyster]

I have a meeting today where they are supposed to give me their decision on what will happen from here. They will either allow me to go back to the clinic that passed me originally, or offer me a custodian position which pays a lot less.

If they don't let you drive, you may want to seek the advice of an attorney. One could argue that this is an Americans with Disabilities Act violation.

 

[ecmst12]

If he can't pass the CDL test, then he can't drive the bus. That's a requirement of the position, not an ADA violation.

 

[justalayman]

What is the name of your state (only U.S. law)? Tennessee

I've been employed with the city of Nashville, TN as a school bus driver for 1 yr. Prior to being hired, I obtained my D.O.T physical and medical examiner card at Concentra. I recently was scheduled to get recertified at a clinic the city sends their drivers to. During the eye exam, the nurse pointed at a color. I answered and explained that I'm partially colorblind. She then stopped the exam and told me that they do not pass anyone with any amount of colorblindness. They sent a letter to the city stating that I failed because I couldn't distinguish between red, green, and yellow. This document is false; she stopped the test prematurely. I can distinguish between red, green, and yellow, which I believe is all TN law requires for the physical. The city has pulled me from all driving related to duties, and will not accept a D.O.T card from another clinic (not even the one I went to originally upon hire) because they consider that 'doctor shopping.' What options do I have? Are their actions legal?

Why didn't you simply complete the test?

Color blindness usually does not prohibit a person from driving. Color is not the only cue allowing a person to determine what traffic signs or signals they are presented with.

Color blindness may absolutely disqualify you from some driving occupations. There is nothing you can do about that if you are color blind and the certification required prohibits color blindness.

 

[justalayman]

If they don't let you drive, you may want to seek the advice of an attorney. One could argue that this is an Americans with Disabilities Act violation.

Sure it could be considered an Ada issue but the Ada does not require an employer to take all actions available to provide the employee with assistance to perform the duties of the job. The only means to make it possible to drive and compensate the issue I can see would be s ride along assistant. That's way beyond what the Ada demands of an employer.