Page 45 - ATR 2 2015 web

calENdar

“the lessoN from el is that BackgrouNd of EvENTS
checks should Be limited to aNalysis of
iNformatioN that has a demoNstraBle
relatioNship to actual qualificatioNs for the APRIL
positioN BeiNg filled.” APRIL 29-MAy 1
AnnuAl Business
ConferenCe & Vendor
showCAse
Embassy Suites & Hot Springs
accomplished by reasonable accom- that a carrier cannot take a driver off Convention Center
modation. In addition, the employer the road for alcoholism without mak- Hot Springs, Ark.
must prove that it actually applies the ing a case-by-case determination that MAY
qualification standard to its employees. returning the individual to a safety-sen-
Accordingly, transportation employers sitive position would create a high prob- MAy 17-20
that impose DOT medical examination ability of substantial harm. The Court 2015 AmeriCAn TruCking
AssoCiATions leAdership
requirements on peripheral positions held that a no-return policy violated the meeTing
that involve some, but not substantial ADA as a matter of law and allowed the JW Marriott Camelback Inn
amounts of, driving should re-evaluate matter to proceed to trial. At the close Scottsdale, Ariz.
whether such qualification standards of the trial, the jury found that the MAy 21
are job-related and consistent with a company violated the ADA and awarded JoinT CounCil meeTing
business necessity. the employee approximately $120,000 smC/mTC
in back pay. TruCk driVing
ChAmpionship And
ada & Reasonable This case demonstrates that blan- TeChniCiAn ChAmpionship
aCCoMModaTions ket rules under the ADA are rarely met CommiTTee meeTings
The EEOC is also particularly with favor. This is particularly difficult Rogers, Ark.
interested in pursuing litigation involv- for transportation industry employers JUNE
ing ADA reasonable accommodation where the FMCSA regulations—abun-
requests. A recent example of the dant in red tape—are rarely, if ever, JUNE 11-13
EEOC’s enforcement priorities with flexible with respect to safety standards. ATA TruCking
respect to alcoholism as a disability Accordingly, motor carriers must be ChAmpionships
John Q. Hammons
is the case of EEOC v. Old Dominion very cautious in making hiring, re- Convention Center
Freight Line, Inc. There, an employee- employment or termination decisions Rogers, Ark.
truck driver told his supervisor that under blanket policies—steering clear
he was an alcoholic and needed to from FMCSA regulation violations while
attend Alcoholics Anonymous classes. also trying to navigate the land mine of
In response, he was removed from his employment-related liability.
driving position. The company’s policy The EEOC has aggressively pursued
was to never return someone to a truck claims around the country based on its
driving position who had suffered from SEP priorities with respect to background
alcoholism. This policy was gener- checks, ADA qualification standards and
ated, in part, as a response to federal reasonable accommodation practices. It JULY
regulations that prohibit motor carriers will be important for employers to follow JULy 9
from requiring or permitting drivers to the developments in enforcement and sAfeTy mAnAgemenT
operate when their ability to do so is judicial interpretation that may impact CounCil meeTing
impaired or likely to become impaired. practices. With the advice of counsel,
The employee was later fired because an audit of human resource functions AUGUST
he could not afford to attend recom- would be of great benefit in mitigating AUGUST 11-15
mended outpatient treatment. potential liability. ATR nATionAl TruCk driVing
The EEOC filed suit on his behalf ChAmpionships
St Louis, Mo.
and claimed that he was denied a rea- Abtin Mehdizadegan and Jess Sweere are
Attorneys, Cross, Gunter, Witherspoon
sonable accommodation in violation of & Galchus, P.C.
the ADA. Specifically, the EEOC argued

aRkansas TRuCking RepoRT | issue 2 2015 45