Trucking Company Sued By EEOC for Disability Discrimination

Source: U.S. Equal Employment Opportunity Commission (EEOC)

Trucking Company Should Have Complied with ADA while Assuring Safety, Not Permanently Sideline Driver Who Self-Reported Alcohol Abuse

LITTLE ROCK, Ark. – A  trucking company with a service center in Fort Smith, Ark., violated federal  law by discriminating against at least one truck driver because of  self-reported alcohol abuse, the U.S. Equal Employment Opportunity Commission  (EEOC) charged in its lawsuit. The company should have met its legal obligation to comply with the Americans with Disabilities Act while assuring safety, rather than permanently sidelining self-reporting drivers, the EEOC contended.

According to the EEOC’s suit, 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.

Alcoholism is a recognized disability under the Americans With Disabilities Act (ADA), and disability discrimination violates this federal law. The EEOC said the company violated both the ADA and the Americans With Disabilities Act Amendment Act of 2008 (ADAAA) by conditioning reassignment to non-driving positions on the enrollment in an alcohol treatment program. In addition, the EEOC argued the company’s policy that bans any driver who self-reports alcohol abuse from ever driving again also violates the ADA.

The EEOC filed suit after first attempting to reach a voluntary settlement. The suit seeks monetary relief in the form of reinstatement to a driving position, back pay and compensatory and punitive damages, compensation for lost benefits for two drivers, and an injunction against future discrimination.

“The ADA mandates that persons with disabilities have an equal opportunity to achieve in the workplace.  (The company’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 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 trucking company is based in Thomasville, N.C., and hauls general commodity  freight using a network of service centers. The company has 211 service centers across the country, one of which is in Fort Smith.

The EEOC enforces federal laws prohibiting employment discrimination, including disability and retaliation discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

Disability discrimination lawsuits are on the rise. Make sure your company is protected with the latest training and information. To learn more, contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.