Where is everyone #5
Discussion in 'Flatbed Trucking Forum' started by DDlighttruck, Aug 27, 2017.
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You're gonna have a bunch of folks wondering! LolNightWind, cke, exhausted379 and 10 others Thank this. -
1.) He's not a "top performer" if he's in training in a classroom. He assumes he's a top performer expecting a kudo from his instructor. This is a trophy for all generational numbskull. Race is irrelevant. TMC is known for it's strict adherence to standards for company procedures, cleanliness and driver impression on customers.
2.) TMC is known for it's strict adherence to standards for company procedures, cleanliness and driver impression on customers. I'm repeating it, because you know going in, TMC will be different by requiring your adherence to It's standards. His fault for not understaning or lack of reading comprehension. Race has nothing to do with it.
3.) Carriers are permitted to require certain conditions of employment. In Tanker, (QA at least) you had to be able to wear a respirator mask, meaning no facial hair that restricts the sealling of the mask. You also have to be able to withstand the heat in a chem suit because of the chance you will need to be wearing one with hazardous load in hot environments. In training, if you couldn't do either, you were shown the door. (Yes, I did a stint with them, too) As has been mentioned by TripleSix already.
4.)The saving grace for the company is the "At-will" employment, since it can be reasonably shown that the requirement is not modified for any participant, and that these are people that just refused to accept the condition of employment they were notified about, and chose (HR asked, they refused) not to abide by the company's requirements. Their choice. They chose. Race is irrelevant. Making an exception would have been racist and inconsistent. A private employer (not the government)), barring other evidence of discrimination, (such as racist comments etc.) is not required to accomodate religious or cultural differences if they choose not to. Private and Public employment have different thresholds of accomodation. They're trying to force everyone to, but it's not there yet.
5.) The requirement of the hard hat to fit properly, is a valid safety requirement, and is enforcible and per OSHA/ANSI standards that there not be anything the prevents a firm fitting between the head and the suspension, such as a baseball cap. In turn, that would be hair that can prevent the hat/suspension from fully engaging the head to work properly, because the company can be fined and guilty parties can be jailed. On this alone, the denial of his "preference" over the company's would not survive initial scrutiny by a court. Of course, that doesn't stop some shyster from trying. Of course that means they could subject themself to a possible lawsuit in turn for filing a frivolous lawsuit.
Of couse, again, I'm not a lawyer, but just a little research in the requirements and penalties that can be assigned per OSHA, was found in a few minutes as well as the proper requirements for wearing of safety equipment. So in essence the company has a prima facie case for it's requirements, as long as they are consistently applied...which, TMC does....so...
Last edited: Jul 17, 2024
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