Medications

Discussion in 'Trucking Industry Regulations' started by tomhorn, Aug 12, 2007.

  1. mwb

    mwb Bobtail Member

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    ADA enforcement is a new phenom due to recent case law. The law has only been around since 1992 and is only now becoming a know quantity in the business world but its impact is going to cause corprate earthquakes. If you have a medical diagnosis, for example, RLS (restless legs syndrome) and you are taking Mirapex for it, which is not banned by DOT and a trucking company refuses to hire you because of it they are open to legal action under ADA for discrimination. DOT is the governing body when it comes to driver qualifications, not the trucking companies.
     
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  3. GasHauler

    GasHauler Master FMCSA Interpreter

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    Yeah it's been out there for 20 years and it's just causing all kinds of problems. WHERE????? Most states have "At Will" laws and can fire you for no reason. The smart companies just fire you for no reason then what?
     
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  4. mwb

    mwb Bobtail Member

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    The American's with Disabilities Act prohibits employers from discriminating against you for any medications you are taking as prescribed by your doctor, as long as those meds are not banned outright by DOT. If an employer does deny you a job because of prescribed meds they don't like, you may have a good case against them. Take a look at the recent case filed against Old Dominion by the EEOC. Old Dominion lost. In that case, even alcoholics were shown to have protections. I think you will soon see an outright ban on private companies being able to even ask about such personal matters, except where there is clear and consistent government rules and regulations. Consult an attorney familiar with ADA law ASAP , if you feel you have been discriminated against because of your medical needs.
     
  5. mwb

    mwb Bobtail Member

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    Take a look at the recent EEOC victory over Old Dominion. That's what happens. The whole point of the law is to protect those who are discriminated against such illegal terminations. It hits them where it hurts- the pocket book. It makes them change such practices. Why? Because if they don't it costs them big bucks. Discrimination is discrimination. Black, white, yellow, red, brown or disabled.
     
  6. dude6710

    dude6710 Road Train Member

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    You can't even treat a cold with this list. :lol:
     
  7. GasHauler

    GasHauler Master FMCSA Interpreter

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    I did and it's a very weak case as an example. That driver told the company he was an alcoholic and they took away his driving position because of that fact. Most states have the "At Will" law and they don't even have to explain why they do not hire or fire a person. So the smart companies do not list any restrictions as stupid as Old Dominion did. They just say we feel that driver is unsafe if they say anything at all. The FMCSA has tasked employers to ensure that all their drivers are safe to operate any CMV. I believe they got caught up in word play and some supervisor made a rash statement that violated the EEOC. I seen that a few times in major corperations.
     
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  8. mwb

    mwb Bobtail Member

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    That's where the federal courts come. And Old Dominion did more than take away his driving position, they fired him. Which is illegal. And it was hardly a case brought because of a rash statement by an Old Dominion employee, it was systematic discriminatory behavior, it was the truth about how this company and many trucking companies operate in a discriminatory manor. ADA is a federal law, superceding state law when it comes to discrimination. All it takes is puting a few persons in the offending company under sworn deposition, with the threat of a federal perjury charge to expose the violation if it exists. In fact if they knowingly hide the truth they are quilty of conspiracy. The fact that you keep bringing up the "at will" argument makes it sound like you have no problem with such discrimination. I have a huge problem with it and believe that every company operating in violation of the law should and will be brought to their knees before it. A company can say whatever they want about why you were fired or say nothing in some states, but if discrimination is suspected, my advise as a retired officer of the court, is get an ADA attorney and sue. You have nothing to lose and everything to gain.
     
  9. GasHauler

    GasHauler Master FMCSA Interpreter

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    I'll never agree with you based on what you've said here so I'll leave it at that. I am at no way for any discrimination in any form and believe it's ugly. However, I believe in safety more and if a person can not do the job safely then there's no place for that person. PERIOD.
     
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  10. GasHauler

    GasHauler Master FMCSA Interpreter

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    Just to clear a couple of things up here on the Old Doinion CIVIL suit. First, the case hasn't even gone to court yet. Second, the driver was fired for Job Abandonment. We as truck drivers know that can mean a whole lotta things. Third, Old Dominion plans to fight this ridiculous claim. Forth, this is still a very poor example for what a company can do regarding adding rules and regulations that are more stringent than the FMCSA. And last if EEOC has a problem with what Old Dominion did then there battle should be with the state and the FMCSA.

    So if we're going to have statements made to guide new drivers lets have them legal and correct, please.
     
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