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You see being an alcoholic is a disability and as such one can't discriminate against a person with a disability. So the EEOC is hauling this trucking company to court for having the audacity to send this guy into treatment and off our roads.
From the EEOC filing:
Quote:
Old Dominion Freight Line, Inc., 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 a lawsuit filed today. 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 (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.”
You see being an alcoholic is a disability and as such one can't discriminate against a person with a disability. So the EEOC is hauling this trucking company to court for having the audacity to send this guy into treatment and off our roads.
Is the EEOC going to prevent the company's insurance company from charging higher premiums for having a driver with a known substance abuse history? Is it going to prevent someone hit by that driver while under the influence from suing the company into bankruptcy because "they allowed someone with a known substance abuse problem to drive" for their company?
Is the EEOC going to prevent the company's insurance company from charging higher premiums for having a driver with a known substance abuse history? Is it going to prevent someone hit by that driver while under the influence from suing the company into bankruptcy because "they allowed someone with a known substance abuse problem to drive" for their company?
Can you provide evidence that the insurance company will charge more, or that a company has been sued into bankruptcy, because of a driver with an admitted problem went through an approved program, passed, and went back to work driving caused an accident under the influence or not?
The insurance company won't charge more because they are not legally allowed to base a decision on the presence of a disability. If he had a history of traffic violations, they could use that. If he self reports a problem, the insurance company does not have access to that information. So in effect, yes, the government will do precisely that.
Was there any evidence that he was driving under while under the influence, or just that he self reported having a problem with alcohol. It is entirely possibly (though perhaps not probable) that his drinking problem had not caused him to drive drunk but only limited his function outside of the vehicle. IE, sleeping in or being tired when he was driving.
Don't get me wrong, I don't defend drunk driving on any level. However, this law was neither Obama's creation, nor misapplied.
They did violate the rule about self reporting issues, performance standards, and help for alchoholism.
It's always " Blame the Obama Day" for some folk.
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