Page 43 - ATR 2 2015 web

eeoC keeps on Truckin’

Employment Law Trends in the Transportation Industry

by abtin Mehdizadegan
and jess sweere

Guest Writers

The Equal Employment
Opportunity Commission (EEOC) is off
to a fast start in 2015, and employers in
the transportation industry can expect
continued interest from the Agency
as it continues to aggressively target
several of its enforcement priorities set
forth in its Strategic Enforcement Plan
(SEP). The SEP, which covers FY2013-
2016, establishes that the EEOC’s time
and resources will be spent addressing,
among other things, (1) eliminat-
ing barriers in recruitment and hir-
ing and (2) addressing emerging and
developing issues, including reasonable
accommodations under the Americans
with Disabilities Act (ADA). These
two enforcement priorities have gener-
ated a deluge of EEOC charges with applicants. This is among the top priori- had been arrested – even if never con-
respect to background checks, overbroad ties listed in the Agency’s SEP. Because victed – and would not hire anyone
qualification standards and reasonable of this, employers should not adopt arrested or convicted of even a minor
accommodations. The rapid evolution blanket policies, such as banning any offense. They settled for $3.13 million
of this area of law has created compli- employees with criminal records or in January 2012.
ance roadblocks for many employers felonies, but rather should tailor any The EEOC just dismissed a case
and should be considered when review- such hiring policies to restrictions that against BMW due to flaws in the
ing employment policies for hiring and are job related and consistent with busi- EEOC’s expert report and other issues.
selection. ness necessity. Transportation industry The case had been brought when 69
employers should also be certain that black warehouse workers lost their jobs
baCkgRound CheCks background check documents are fully in 2008 when a background check
The EEOC remains focused on compliant with federal and state law, as program was started. Eighty percent of
employers who conduct criminal both government and private litigation those fired were black, including one
background checks of applicants and is intent on holding employers account- employee with 14 years of service who
employees and who have policies ban- able for technical violations. had a 1990 misdemeanor assault con-
ning the hiring of applicants with a The following cases illustrate the viction for which she paid a $137 fine.
criminal record on the theory that evolving standards under this area. While the case was dismissed, it high-
such policies have a disparate impact Pepsi Beverages had a policy that
on African American and Hispanic would not allow hiring applicants who 

aRkansas TRuCking RepoRT | issue 2 2015 43