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Old 09-03-2011, 01:08 PM
 
29,407 posts, read 22,014,226 times
Reputation: 5455

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Lets see according to the article the company had to suspend the driver for reporting himself per DOT regulations but following the law now becomes violating the law in this new world of insanity we call the government.

So now he wants his driving job back so he can go kill folks on the road and the company will have to pay the costs.

"The EEOC wants the company to reinstate Grams and another affected driver to their previous positions and provide them with back pay, compensatory and punitive damages and compensation for lost benefits. The EEOC is also seeking to block the company’s alcohol-related policy.
The company's policy bans any driver who self-reports alcohol abuse from driving again. Reassignment to a non-driving position is contingent upon the driver enrolling in a "
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Read more: Government Sues Trucking Company For Taking Keys Away From Alcoholic Driver | FoxNews.com
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What is more disturbing is that being an alcoholic is now considered a disability.
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Old 09-03-2011, 04:04 PM
 
Location: OCEAN BREEZES AND VIEWS SAN CLEMENTE
19,893 posts, read 18,450,261 times
Reputation: 6465
Something very sick, and twisted about this whole situation, the Government and anyone else who wanted these people reinstated, have serious issues.

Alcoholic Drivers, is not something good for any Co. And they money they could end up costing you, should they drive drunk, and hit someone innocent while driving on the job.
Disbility my ---! how bout someone having no control.
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Old 09-03-2011, 04:15 PM
 
Location: Neither here nor there
14,810 posts, read 16,211,393 times
Reputation: 33001
The question here seems to me to be does the company have a right to not put admitted alcoholic drivers on the road?
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Old 09-03-2011, 04:16 PM
 
Location: California
37,138 posts, read 42,228,838 times
Reputation: 35020
Alcoholism has been considered a disability for a long time now and it looks like the problem is that the company itself has specific regulations and there was no comparable position offered at the same pay that didn't involve driving. It will be interesting to see what happens with this lawsuit.
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Old 09-03-2011, 04:18 PM
 
952 posts, read 942,878 times
Reputation: 612
30% of Americans will be involved in an alcohol-related crash at some point in their lives.


Maybe we should consider banning sober drivers from the road
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Old 09-03-2011, 05:29 PM
 
29,407 posts, read 22,014,226 times
Reputation: 5455
Well if a judge grants the drunk victory I hope the judge is the first one run down by this guy in a company semi.
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Old 09-03-2011, 05:39 PM
 
9,855 posts, read 10,416,518 times
Reputation: 2881
Might we assume that the justice department thinks that the rights of the alcoholic driver trump the rights of innocent citizens that this drunk driver could maim and/or kill?
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Old 09-03-2011, 05:41 PM
 
Location: South FL
5,528 posts, read 7,496,099 times
Reputation: 3582
Why is the Obama Admin involved in this?
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Old 09-03-2011, 05:51 PM
 
13,694 posts, read 9,014,113 times
Reputation: 10416
An interesting case indeed.

The trucking company is, of course, protecting themselves. Can you imagine the liability issue if said trucker actually was involved in an accident, and it was brought up in front of a jury that the company knew of the employee's history of alcoholism, yet let him/her behind the wheel again? It is hard to prove that an alcoholic no longer uses alcohol, in front of a jury.

The EEOC is arguing an untenable position, in my view.

Congress got tired of alcoholics filing for, and winning, disability based on alcoholism (or substance abuse disorder). Congress then amended the Social Security Disability Act by stating that if alcoholism is 'material' to a finding of disability, then the claimant is not entitled to benefits.

I would not be surprised if this eventually happens with the ADA. Like many others, I would not want an alcoholic, even if in AA, to be a truck driver, or work for the FAA as a flight controller.
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Old 09-03-2011, 10:48 PM
 
29,407 posts, read 22,014,226 times
Reputation: 5455
Well Ted Kennedy was a senator and he tended to hit the old jug. I guess setting a good example for all.
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