News & Analysis as of

Commercial Truck Drivers Americans with Disabilities Act (ADA)

Fox Rothschild LLP

Trump Executive Order Targets Trucking Industry With English Proficiency Requirement for Drivers

Fox Rothschild LLP on

President Trump has instructed the U.S. Department of Transportation (DOT) to reinstate federal enforcement of English-language proficiency requirements for commercial truck drivers — a move that could lead to significant...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Medical Marijuana/Employment-Safety Issues for the Oil/Gas Industry: May 26th Arkansas Independent Producers and Royalty Owners...

My law firm colleague Nate Read and I undertook a presentation at the May 26th virtual meeting of the Arkansas Independent Producers and Royalty Owners (“AIPRO”) - The presentation was titled: Medical Marijuana:...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Upholds Mandated Use of CPAP Device for Driver With Sleep Apnea

Truck drivers and some related workers differ from other employees in that they are subject to federal Department of Transportation safety rules that require medical examinations and disqualify workers with certain medical...more

U.S. Equal Employment Opportunity Commission...

JBS Carriers to Pay $250,000 and not Resume ErgoMed Screening to Settle EEOC Discrimination Suit

Trucking Company Used Post-Offer Screen That Screened Out Applicants On the Basis of Disability, Federal Agency Charged - DENVER - National trucking company JBS Carriers, Inc. will pay $250,000 and furnish other...more

U.S. Equal Employment Opportunity Commission...

Drivers Management and Werner Enterprises Sued by EEOC For Disability Discrimination In Hiring

Nebraska Trucking Companies Also Refused to Reasonably Accommodate Qualified Deaf Driver, Federal Agency Charges - ST. LOUIS - Drivers Management, LLC and Werner Enterprises, Inc., truckload carriers headquartered in...more

U.S. Equal Employment Opportunity Commission...

Werner Enterprises Sued by EEOC For Disability Discrimination in Hiring

Nebraska Trucking Company Also Made Unlawful Pre-Offer Disability-Related Inquiries, Federal Agency Charges - ST. LOUIS - Werner Enterprises, Inc., a truckload carrier headquartered in Omaha, Neb., violated the Americans...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Hirschbach Motor Lines For Disability Discrimination

National Trucking Company Used "Back Assessment" to Screen Out Job Applicants It Regarded as Disabled, Federal Agency Charges - PORTLAND, Maine - Hirschbach Motor Lines, Inc. violated federal law by using a pre-employment...more

Ballard Spahr LLP

Opioid Epidemic Spurs Increase in Drug Testing, Risks for Employers

Ballard Spahr LLP on

The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more

Benesch

Supreme Court Refuses to Hear Driver’s ADA Challenge to Sleep Apnea Screening Program

Benesch on

Earlier this week, the Supreme Court denied a driver’s Americans with Disabilities Act (“ADA”) challenge to a carrier’s sleep apnea screening program in Parker v. Crete Carrier Corp., U.S. Supreme Court Case No. 16-2002. In...more

Genova Burns LLC

What Pretext? The Tenth Circuit Shows the Value in Trucking & Transportation Employers Citing to Safety and Customer Complaints to...

Genova Burns LLC on

On March 10, 2017, the Tenth Circuit in Henson v. AmeriGas Propane, Inc., no.: 16-7057, declined to revive a discrimination and wrongful discharge lawsuit in finding that the lower court was correct in its holding that that...more

Parker Poe Adams & Bernstein LLP

ADA Allows Sleep Apnea Test for Obese Driver

Almost since the enactment of the Americans with Disabilities Act, motor carriers and drivers have clashed over the carriers’ ability to exclude drivers from service based on health issues. Many of these controversies have...more

McAfee & Taft

Must be qualified to apply

McAfee & Taft on

When someone contends they have been discriminatorily denied employment, whether the individual was truly qualified often becomes the primary issue. To defeat a discriminatory failure-to-hire claim, the employer must...more

U.S. Equal Employment Opportunity Commission...

Covenant Transport Sued By EEOC For Disability Discrimination

Trucking Company Refused to Hire Applicant Because of His Disability, Federal Agency Charges - CHATTANOOGA, Tenn. -- Covenant Transport, Inc., a trucking company headquartered in Chattanooga, Tenn., violated federal law...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Rejects Motor Carrier's Defense in Refusing to Hire Driver Diagnosed with Narcolepsy

The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more

Seyfarth Shaw LLP

President Declares “National Impaired Driving Prevention Month”

Seyfarth Shaw LLP on

By Proclamation, President Obama has declared December 2015, to be “National Impaired Driving Prevention Month.” 80 Fed. Reg. 75781 (December 3, 2015). The President declares that “no person should suffer the tragedy of...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Vita Plus for Disability Discrimination

Agricultural Company Fired Driver Due to His Diabetes, Federal Agency Charged - DETROIT - Vita Plus Corporation, an agricultural company with a facility in Gagetown, Mich., violated federal law by discriminating against...more

16 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide