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E.E.O.C. v. J.B. HUNT TRANSPORT, INC.

Docket No. 01-6084.

321 F.3d 69 (2003)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. J.B. HUNT TRANSPORT, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: February 5, 2003.

Attorney(s) appearing for the Case

Julie L. Gantz, Equal Opportunity Employment Commission (Nicholas M. Inzeo, Acting Deputy General Counsel, Philip B. Sklover, Associate General Counsel, Vincent J. Blackwood, Assistant General Counsel, on brief), for Plaintiff-Appellant.

James H. Hanson, Scopelitis, Garvin, Light & Hanson, Indianapolis, IN (Laurie T. Baulig, Scopelitis, Garvin, Light & Hanson, Washington, DC, Thomas J. Grooms, Bond Schoeneck & King, Syracuse, NY, on brief), for Defendant-Appellee.

Before: JACOBS, F.I. PARKER, SOTOMAYOR, Circuit Judges.

F.I. PARKER, Circuit Judge.

J.B. Hunt Transport, Inc. chose not to employ over-the-road truck drivers who used prescription medications with side effects that might impair driving ability. The Equal Employment Opportunity Commission argued that under the Americans with Disabilities Act, Hunt's decision violated the rights of job applicants using those medications. We disagree.

I.

Plaintiff-Appellant Equal Employment Opportunity Commission ("EEOC...

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