Welcome Guest [Log In] [Register]
Add Reply
US gov. sues a Trucking Co.; Over fired Drunk
Topic Started: Sep 2 2011, 10:42 PM (325 Views)
Kerri P.
Member Avatar

http://www.foxnews.com/politics/2011/09/02/government-sues-trucking-company-for-taking-keys-away-from-alcoholic-driver/
Government Sues Trucking Company for Taking Keys Away From Alcoholic Driver
By Stephen Clark
Published September 02, 2011
FoxNews.com

Citing a violation of the Americans with Disabilities Act, the Obama administration is suing a trucking company for taking the keys away from an Arkansas driver and eventually firing him after he admitted he was battling alcohol abuse.

The U.S. Equal Employment Opportunity Commission filed a lawsuit this week arguing that Old Dominion Freight Line discriminated against Charles Grams by stripping him of his position and offering him a demotion even if he completed a substance abuse counseling program.

Instead, the EEOC argued, the North Carolina-based company, which has a service center in Arkansas, should have complied with the law, known as the ADA, while ensuring safety.

“The ADA mandates that persons with disabilities have an equal opportunity to achieve in the workplace,” said Katharine Kores, director of the EEOCs Memphis District Office, which covers Arkansas. “While the EEOC agrees that an employer’s concern regarding safety on our highways is a legitimate issue, an employer can both ensure safety and comply with the ADA.”

The EEOC says alcoholism is a recognized disability under the ADA and that the company violated the law with its policy that bans any driver who admits alcohol abuse from driving again.

snip....
Offline Profile Quote Post Goto Top
 
Joan Foster

This is the most anti-business , anti-common sense administration in history.
Offline Profile Quote Post Goto Top
 
Baldo
Member Avatar

The amount of liability a transportation company has with any driver is great. If there is an accident they are financially, and in some cases criminally responsible.

Businesses in the USA are damn if they do and damn if they don't...

From the EEOC Lawsuit

,,,According to the EEOC’s suit (Civil Action No. 2:11-CV-02153-PKH in U.S. District Court for the Western District of Arkansas), the driver at the Fort Smith location had worked for the company for five years without incident. In late June 2009, the employee reported to the company that he believed he had an alcohol problem. Under U.S. Department of Transportation regulations, the employer suspended the employee from his driving position and referred him for substance abuse counseling. However, the employer also informed the driver that the employer would never return him to a driving position, even upon the successful completion of a counseling program. During the investigation, the EEOC discovered drivers at other service centers whom the employer had allegedly subjected to similar treatment.

“The ADA mandates that persons with disabilities have an equal opportunity to achieve in the workplace. Old Dominion’s policy and practice of never returning an employee who self-reports an alcohol problem to a driving position violates that law,” said Katharine Kores, director of the EEOC’s Memphis District Office, whose jurisdiction includes Arkansas. “While the EEOC agrees that an employer’s concern regarding safety on our highways is a legitimate issue, an employer can both ensure safety and comply with the ADA.”

http://www.eeoc.gov/eeoc/newsroom/release/8-16-11d.cfm


Note! They didn't fire him. They just said he wasn't going to drive again.

Our Govt is a primary reason for many of our problems. They don't solve problems, they create them.

In other words, businesses are just damn, but get that tax check in the mail!

Heritage Foundation review of the Case
http://blog.heritage.org/2011/08/30/feds-to-trucking-company-you-cannot-fire-alcoholic-drivers/
Edited by Baldo, Sep 3 2011, 09:56 AM.
Offline Profile Quote Post Goto Top
 
agatha

What a bunch of Morons.
Offline Profile Quote Post Goto Top
 
kbp

Seems like any human characteristics outside of what is normal (however they detrmine that) is a disability if they are saying that "alcoholism is a recognized disability under the ADA."

I oversleep often. Is that a disability?
Online Profile Quote Post Goto Top
 
Deleted User
Deleted User

Do we know what group this driver comes from since EEOC seems to care only about minorities in the workplace. I hope Old Dominion takes this to the highest court considering the implication of danger to innocent people the risk imposes.
Quote Post Goto Top
 
wingedwheel
Member Avatar
Not Pictured Above
And if this guy is involved in a accident well Old Dominion Freight Line's be held liable?
Offline Profile Quote Post Goto Top
 
Mason
Member Avatar
Parts unknown
wingedwheel
Sep 3 2011, 04:56 PM
And if this guy is involved in a accident well Old Dominion Freight Line's be held liable?
.
That's the crux.

You go after the deep pockets.

Obama has said he's going to rid the world of nuclear weapons, maybe he's going to get rid of accidents too.


.
Online Profile Quote Post Goto Top
 
Baldo
Member Avatar

wingedwheel
Sep 3 2011, 04:56 PM
And if this guy is involved in a accident well Old Dominion Freight Line's be held liable?
Yep! The severity depends on the State and the load you are carrying. But in California business owners can be criminally held responsible for accidents, especially if they carry hazardous waste. As for civil liability you might as well bend over & grasp your ankles.

Old Dominion is a very large corporation over the entire USA. If an civil attorney knew Old Dominion had allowed an employee to drive after admitting drunk driving and got into an accident no doubt the settlement would be higher.

The EEOC should be disbanded.
Offline Profile Quote Post Goto Top
 
LTC8K6
Member Avatar
Assistant to The Devil Himself
ODFL's insurance company won't insure that driver, I bet...
Offline Profile Quote Post Goto Top
 
cks
Member Avatar

When I heard this on the news I thought I had had one too many glasses of vino - certainly the EEOC was kidding. However, it turns out that in fact, it was true. I am sure those at the EEOC who were responsible for this moronic decision would be more than happy to shoulder the cost of the lawsuit that Old Dominion would be slapped with when any of their employees with an alcohol disability happened to run into a law abiding citizen with one of their trucks. (NOT)
Offline Profile Quote Post Goto Top
 
1 user reading this topic (1 Guest and 0 Anonymous)
« Previous Topic · LIESTOPPERS UNDERGROUND · Next Topic »
Add Reply