The National Law Review dissects the Eighth Circuit Court of Appeals decision that Crete Carrier did not discriminate against one of its truck drivers by requiring the truck driver to undergo a sleep apnea test.

Crete Carrier’s program was essentially based upon the recommendations of the MRB and MCSAC. The program required its truck drivers at risk for obstructive sleep apnea to undergo in-lab sleep study examinations. If the driver was found to have obstructive sleep apnea, the driver was placed on a treatment regimen.