Truck driver’s own disability filing sinks his ADA discrimination claim

HR investigated and found no substantiated adverse action. Schmit was invited to share more information. He did not respond. 

In early August, Williams told Schmit he needed to do things “his way” or he would get rid of him “one way or another.” Disability Rights South Dakota then wrote to HR on Schmit’s behalf, asking Trimac to keep the existing accommodations and add two new ones: having others perform tasks involving getting down on the ground and back up again, including pre- and post-trip inspections, and assigning Schmit exclusively to light loads. Trimac kept the existing accommodations but denied both new requests. The company said trip inspections are required by the Department of Transportation and that federal regulations hold drivers personally responsible for equipment defects. Trimac would not shift that liability to another employee. As for light-load exclusivity, HR said hauling heavy loads was an essential function of the position and that assigning only light loads to Schmit would hurt revenue, negatively impact customers, and prevent “fair and equitable” distribution of dispatches among drivers. 

On August 7, Schmit removed his personal belongings from his truck and told an employee he was “done with this F’ing place.” He did not report to work on August 9. Trimac emailed him on August 10 to accept what it called his resignation. Schmit says he never quit — he was waiting on a call about his truck being serviced – and emailed HR on August 12 asking if he had been fired. 

Here is where the case turned decisively against Schmit. 

On August 18, he applied for total Social Security disability benefits. In that application, he wrote that he became unable to work because of his disabling condition on August 7, 2021. On September 13, he submitted a Function Report where he stated he was unable to climb, could only stand for a limited time, had difficulty walking, suffered from muscle stiffness, decreased coordination, and increased tremors throughout the day. He said the inability to control his right hand, arm, right leg, and foot made it impossible to work, and that he at times experienced hallucinations and delusions from his Parkinson’s medication. He swore that information was true and accurate. The Social Security Administration approved his application, finding he became disabled on August 7, 2021.