Community Chat

[pinkskates4]

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.

“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.

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 treatment program.

http://www.foxnews.com/politics/2011/09/02/government-sues-trucking-company-for-taking-keys-away-fro...

I used to work these types of issues and I think they are wrong on this. The ADA says reasonable accommodation still requires that you not "endanger self or others."

It seems to me that it is reasonable for an employer of drivers to require that they have a record of not abusing alcohol - or of not having driving accidents that were their fault, etc.

The company offered to keep the employee (in a non driving job) after completion of substance abuse counseling. Given the recidivism rate of alcohol/drug abuse after treatment, I don't think they can be required to continue the person as a driver. They are liable if that person drinks and has an accident - and possibly kills or maims someone.