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Government Sues Trucking Company for Taking Keys Away From Alcoholic Driver
Fox News ^ | 9/2/11 | Stephen Clark

Posted on 09/03/2011 8:43:33 AM PDT by Impala64ssa

Citing a violation of the Americans with Disabilities Act, the Obama administration is suing a trucking company for taking the keys away from an Arkansas driver and eventually firing him after he admitted he was battling alcohol abuse.

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.

Instead, the EEOC argued, the North Carolina-based company, which has a service center in Arkansas, should have complied with the law, known as the ADA, while ensuring safety.

“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.

Joel McCarty, general counsel to Old Dominion, wouldn’t comment on the details of the pending litigation. But he told FoxNews.com, “We intend to vigorously defend our position.” snip “Our concern is safety,” he said.

(Excerpt) Read more at foxnews.com ...


TOPICS: Culture/Society; News/Current Events; US: North Carolina
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Here's an idea, how about the EEOC requiring the NFL to hire blind referees? With some of the bad calls they made last year I think the NFL is already in compliance, but that's another story. Where's MADD?
1 posted on 09/03/2011 8:43:38 AM PDT by Impala64ssa
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To: Impala64ssa

“Drive Drunk! America Needs More Drunk Truck Drivers!”


2 posted on 09/03/2011 8:46:22 AM PDT by FlingWingFlyer (Coming November 2012 - The End of an Error.)
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To: Impala64ssa

There is “crazy” and there is “stupid crazy”. This falls under the “stupid crazy” category. Of course, the trucking company isn’t going to let a DRUNK person drive one of its trucks. Can you imagine the lawsuit after a family is killed? No different than the same trucking company not hiring a BLIND driver. The trucking company made a wise decision and the government (once again) is stupid crazy.


3 posted on 09/03/2011 8:48:09 AM PDT by momtothree
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To: Impala64ssa

These are the same Mother truckers who would have sued Old Dominion for millions, had thier drunken driver run over one of them.

It’s hard to win when you hve all of these Goodie Two Shoes organizations around sue’ing here and sue’ing there.

This guy shouldn’t have a CDL permit

Dominion should hire him back and call the cops and tell them he is driving drunk. The legal drinking limit in Maryland for a CDL permit is .04. Yes that’s right folks .04.


4 posted on 09/03/2011 8:50:32 AM PDT by Venturer
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To: Impala64ssa

EEOC needs to be dismantled. They have jumped the shark.


5 posted on 09/03/2011 8:52:40 AM PDT by goodnesswins
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To: goodnesswins

The whole government has jumped the shark. About 90% of what the government does should not be done at all.


6 posted on 09/03/2011 8:55:21 AM PDT by ClearCase_guy (The USSR spent itself into bankruptcy and collapsed -- and aren't we on the same path now?)
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To: Impala64ssa
My daughter was killed by a drunk driver. MADD has been there to support us. They follow the litigation and keep us informed of the case and its progress.

We attend monthly MADD meetings where we meet with other victims and console each other.

7 posted on 09/03/2011 8:57:57 AM PDT by Young Werther (Julius Caesar said "Quae cum ita sunt. Since these things are so.".)
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To: ClearCase_guy

“About 90% of what the government does should not be done at all.”

Ain’t that the truth.

We do have a blueprint for fixing it, well two really.

The Declaration and the Constitution. Time to get back to basics and start cleaning house.


8 posted on 09/03/2011 9:01:28 AM PDT by Tigerized
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To: Young Werther

Prayers for you and your family, Young Werther. What you went through must have been just horrible and tragic. I am sure your loss is extreme and I am very happy that you found some bit of comfort with MADD and other victims. Prayers!


9 posted on 09/03/2011 9:02:17 AM PDT by momtothree
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To: Impala64ssa

If he’d killed someone with that truck, the company would have been sued then, too. They just can’t win.


10 posted on 09/03/2011 9:07:37 AM PDT by A_perfect_lady (Islam is as Islam does.)
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To: Impala64ssa
So if Alcoholism is a legitimte disability does this mean that drunks are eligable for SSI and other taxpayer funded big bucks spending social programs?


11 posted on 09/03/2011 9:09:47 AM PDT by mainestategop (DonÂ’t Let Freedom Slip Away After America , There is No Place to Go)
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To: ClearCase_guy

I’m telling you clearly, the American government workers hate Americans.


12 posted on 09/03/2011 9:18:55 AM PDT by healy61
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To: A_perfect_lady
"If he’d killed someone with that truck, the company would have been sued then, too. They just can’t win."

And the lawyers win either way.

13 posted on 09/03/2011 9:25:47 AM PDT by The Good Doctor (Democracy is the only system where you can vote for a tax that you can avoid the obligation to pay.)
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To: healy61

Not all Americans. Just the ones that work for themselves. Businesses and anyone else that works hard. Just look at what’s going on with Gibson.


14 posted on 09/03/2011 9:29:21 AM PDT by christx30
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To: Impala64ssa

Every day a new battle in the democrat party war on American business.
Where is MADD by the way?


15 posted on 09/03/2011 9:32:37 AM PDT by FormerACLUmember
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To: Venturer; All

It is not clear if the guy was driving drunk, or admitted he had a drinking problem. Technically they could check him out when he arrives at work and then provide keys if he were sober. He might just be a weekend drunk. More information needed.


16 posted on 09/03/2011 9:33:17 AM PDT by gleeaikin
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To: Venturer

Where I work, if one of the CDL drivers get busted DUI, he would be pretty much SOL.
They may find a place for him, but at a reduced pay rate because he is no longer a driver.
This story makes me sick. Would they keep a Pilot who has a drinking problem if he flew Airforce One...I doubt it.


17 posted on 09/03/2011 9:54:42 AM PDT by Yorlik803 (better to die on your feet than live on your knees.)
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To: Impala64ssa

ALCOHOLISM IS A BEHAVIOR, NOT A FREAKIN’ DISEASE!

IF YOU CAN”T HANDLE THE RESULTS, DON’T USE THE SUBSTANCE!

(Yes, I was screaming. I feel better now!)


18 posted on 09/03/2011 9:54:54 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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To: gleeaikin
Technically they could check him out when he arrives at work and then provide keys if he were sober. He might just be a weekend drunk.

So he could then pick up booze at one of his stops?? The risk is too great.

19 posted on 09/03/2011 9:57:42 AM PDT by Jane Long (Soli Deo Gloria!)
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To: Venturer
Yes that’s right folks .04.

So for most folks, one beer with lunch, no problem. Two beers with lunch or one and a few sips of the second on an empty stomach, problem. Sounds reasonable to me.

20 posted on 09/03/2011 9:58:14 AM PDT by JimRed (Excising a cancer before it kills us waters the Tree of Liberty! TERM LIMITS, NOW AND FOREVER!)
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