-------------------------
ADA plaintiff
was not disabled where his hypertension was controllable with medication and he did not
make reasonable efforts to get his prescription refilled.
Hein v. All America Plywood Co., Inc., 232 F.3d 482 (6th Cir.
November 14, 2000) - A truck driver is terminated after refusing to make a trip to
Cleveland that was assigned five days in advance. He refused because he would have run out
of blood pressure medication while he was gone. But he made no effort to obtain more
medication in the days prior to his scheduled departure. His ADA claim is dismissed on the
basis that he had no disability. His hypertension was controllable with medication and it
was his fault that he did not have enough medication. On his ADEA claim, his best evidence
was a magazine cover that had been modified by the company president. The cover showed
a gorilla and the altered message read: "Wayne Hein Ponders Weight
Limits." Around the time this silly cover was produced, Hein had been ticketed for an
overweight truck. But according to Hein, the gorilla was old and wrinkled --
indicating age-based animus. The Court disagrees that the gorilla looked old and
dismisses this claim. Click
here
to see actual case.