Carrier PAM Transport has been ordered to pay 12 former drivers a total of $477,000 over their invasive medical clearance policy. The policy required the drivers to notify their carrier every time they had any contact with a medical professional.
With help from the Equal Employment Opportunity Commission, the drivers filed a disability discrimination lawsuit against PAM, alleging that the policy violated the Americans with Disabilities Act which prevents employers from making inquiries into workers’ medical statuses that aren’t directly job related.
The court ruled in favor of the plaintiffs since, aside from medical conditions that would affect an employee’s ability to do their job, it isn’t any of the employer’s business if or when a driver seeks any other medical consultations.
Since the ruling was first announced all the way back in 2012, the court ordered PAM to change its policy to only ask drivers about job-related medical inquiries. Just recently however, the court finally arrived upon a suitable number for PAM to pay the 12 former drivers who filed the suit.
The drivers will receive $225,998 in back pay and interest, $49,114 in compensatory damages, and $202,287 in punitive damages.
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Source: overdrive, businessinsurance, truckinginfo, gobytrucknews
George says
Plus one for good guys and a big middle finger to PAM!
Paul says
Heck yeah Pam thinks they can do whatever they want to do and not have any repercussions I wish I was involved in that law suit
royce says
What possible medical condition could one have that wouldn’t be reportable besides VD ,sex change or cosmetic surgery?
Al says
My back hurts. I have a rash on my face, i need treatment for my eczema, I’m going bald doc what can you do for me, my hemorrhoids are itchy….Shall I continue?
Robert says
Exactly Al.
missjanenc says
Doc, I need Viagra…
Professer says
No need to tell your employer you visit the dentist. In some custody battles, one is required to see a therapist.
ez says
Really Royce, you can not think of anything other then those 3!!!!
also try reading it again. ((had any contact with a medical professional.))
there are 1000’s of reasons you would see a medical doctor for, that has nothing to do with your ability to do your job.
Joe Bob says
Let’s say you go to the dr, he gives you meds for insomnia, maybe you twisted your knee while home cutting the grass, doc gives you pain meds. The list goes on and on. Most drivers are sensible enough to inform their employer of any medical condition that would impair their driving ability but then again maybe not.
Bill says
Wow! Drivers have rights to!!!! Amazing!!
Dave Stout says
$477k, minus 33% for the attorney = about $26k per driver. Not too bad.
trucker says
Enough to pay for 2 years of college. And get a better job with the degree. Normally what happens when a driver wins a lawsuit against a trucking company.
Sarah T. says
Royce, there are plenty of medical conditions that wouldn’t need to be reported. I used to work for PAM and I usually didn’t bother contacting them unless I got a new prescription or had to take additional time off. If I see the ob/gyn or the dermatologist (I have eczema), there’s no reason I should have to tell them about it. They even wanted you reporting if you visited the dentist for a checkup.
michelle mares says
the only difference between them and all the other carriers is they got caught
Jraulpilot says
That’s is a “Big Heads Up”…..for other Companies out there…….
Moxie says
To be quite frank with everyone, especially the government and the trucking companies; if a driver passes his or her mandated CDL physical, then it’s nobody’s business what medical issues a driver may be dealing with.
JJ says
Good Im glad….cause its really none of PAM’s or any other carriers damn business…I hope all their drivers quit after this…never worked for them but I never would….
OLD GUY says
iIf they ask why you went to see your doctor just tell them it’s a wellness check on your gerbils .
JJ says
LOL…true..now theres a comeback for ya…lol
sudon't says
See, this is why I’m poor. It would never occur to me to sue. I would simply nod my head and ignore their reporting requirement.
Steve says
You can thank the lawyers for this practice and employees. When a company gets enough lawsuits and workers comp claims from employees this is what happens. We all know drivers don’t report everything. If you are on medications and you have an accident at work because of side effects of the medication, the company still gets sued and still has to file a workers comp claim. If you have clogged arteries and have a heart attack at work it still falls under workers comp. Workers comp rates and lawsuits can kill a company. That is why some companies have adopted a blanket policy like this. They aren’t being nosey they are protecting their rears and the drivers.
Tim says
PAM is not the only company laying claim to such a draconian policy. In 2013 I drove briefly for a once-large, now-smaller TLA (three-letter acronym) company headquartered in the Ozarks region that, as of two years ago anyway, was telling drivers they must report ANY doctor visit to the company.
That wasn’t the main reason I left in my first month there though. No, that was because of another weird policy: they require drivers to meet a minimum monthly miles figure every month they’re with the company, with the penalty for missing (just once) being—no matter how long you’ve been with the company (it could be 20 years!)—you suddenly get classified as a part-time worker with no benefits and no seniority! They send you back to square one!
There was absolutely NO WAY I was going to work for a company that hangs that over drivers’ heads the whole time they’re there. The figure wasn’t super-high (something like 8000 miles), but still…the policy was not acceptable regardless of the amount.
kamkor says
I still work for that TLA company and the policy on doctor reporting is still in effect. I know it’s this company because it’s the only one I know that has that mileage classification for full and part time drivers. At least they changed the pay to no more seniority scale and made it flat across the board so it doesn’t hurt your pay if you don’t make miles but still….. It’s stupid. Then again full family insurance costing 12k plus a year plus 8k deductible before anything is 80% covered is a joke.
Jc says
It’s in your best interst to never share more then you absolutely have to. It is usually used against you at some point.
Lance says
Most companies allow for you not to be classified as “late” if it has to do with poor weather conditions. Many companies make loads too tight, that you can’t even make which may be caused by traffic jams, etc. I would refuse to work for any of these companies. In 40 years, and 4 million miles, I have a perfect record, so I can work anywhere. That’s why you don’t want to work for a crap company in the first place, they coerce you to take short-cuts to make miles, then you have incidents, then your record is screwed up, and then you can’t work for the good companies.
Paul says
It was about time they got sued over this. I almost lost my job a long time ago when I think Julie in medical told me I had to report everything. I even told her that it was non of Pam’s business when I go for a check up her response was well you pull our trailers don’t you
What difference does that make if it does not affect my work
Paul says
It was about time they got sued over this. I almost lost my job a long time ago when I think Julie in medical told me I had to report everything. I even told her that it was non of Pam’s business when I go for a check up her response was well you pull our trailers don’t you
What difference does that make if it does not affect my work
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