Celadon fined for requiring pre-employment medical

Discussion in 'Truckers News' started by double yellow, Aug 5, 2015.

  1. otherhalftw

    otherhalftw R.I.P.

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    So tell me if I am wrong. A company (any company) pays your (or any driver applicant) way to their facility for the orientation process, which begins with the physical (including or beginning with the sleep apnea section) would or should infer a "conditional employment offer". Like I said before....what am I missing? Oh I know....one or more crybaby wanna-be "drivers" who obviously knew they couldn't pass a physical for various reasons, found a way and an ambulance chasing attorney to file a greivance and the wonderful government agency of EEOC saw yet another way to put the screws to a right leaning, deep insuranced pocket company.

    Now why would I even begin to think this way????
     
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  3. HorseShoe

    HorseShoe Road Train Member

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    Got it. I don't make a habit of clicking random links
     
  4. TLeaHeart

    TLeaHeart Road Train Member

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    here is what you are missing,
    The suit, EEOC v. Celadon Trucking Services, Inc., Civil Action No. 1:12-cv-0275-SEB-TAB

    The Court also determined that there were sufficient facts to support a finding that two of the class members were qualified for the truck driving position, but Celadon unlawfully dismissed them from driver orientation program because of their disabilities in violation of the ADA.

    2 out of 23 class members.

    I know exactly why you think the way you do, as I also see it the same way. And that was one small class of litigants.
     
    oldtrucker66 and otherhalftw Thank this.
  5. double yellow

    double yellow Road Train Member

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    Not one of those 23 passed the DOT physical during orientation, though 1 did later at JB Hunt & one had come to orientation with a valid medical card from his family doctor. Both of them failed the whisper test.


    Where Celadon went afoul of the law:

    1) Celadon did not specifically state that applicants would be hired if they completed the DOT medical exam, road test, and drug test. The law says you cannot subject job applicants to a medical exam before offering them employment conditional on them passing it.


    2) One of the pre-screening medical questions was outside the scope of DOT regulations: "Have you even been injured, hospitalized, had surgery, been treated by a doctor on an outpatient basis, currently being treated by a doctor [sic], or are you currently on any medications?"

    Because Celadon had a policy of sending home people who failed to disclose things on their medical questionnaire -- a questionnaire ruled illegal due to the above question, Celadon had violated the ADA.



    3) Celadon did not have audiograms done on applicants who failed the whisper test, nor cardiograms for those with a history of heart problems. Without those final test results, the DOT exam was never completed so the applicants hadn't yet "failed."
     
    Last edited: Aug 6, 2015
    zentrucking and oldtrucker66 Thank this.
  6. PayCheck

    PayCheck Medium Load Member

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    Ohh I know an Ada lier that could make some money on this one.
     
  7. georgeandson

    georgeandson Heavy Load Member

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    any time a mega carrier is in trouble, I am happy. i don't care for what.
    they don't pay ####, they scrutinize you for everything, they try and ruin you dac as much as possible with the idea that if you are not their slave you will never work any were with a cdl.
    fug them.....
    mega carriers are dog vomit....
     
    zentrucking Thanks this.
  8. Nomad-01

    Nomad-01 Bobtail Member

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    Anyone got info of the lawyers on these cases? I would love to talk to them about Swift and CRST......
     
    Last edited: Sep 19, 2015
  9. otherhalftw

    otherhalftw R.I.P.

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    ANY lawyer....especially "ambulance chaser" or "personal injury" in their advertising would be able to direct to the next class action suit waiting to be filed. Keep in mind....you will be waiting for years for it to even get to a docket...especially Swift, they have at least 300 cases pending....pending.....pending.
     
  10. Nomad-01

    Nomad-01 Bobtail Member

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    Yeah, these company have very deep pockets not worth the time to pursue action. I wish I known about this website sooner.
     
  11. zentrucking

    zentrucking Road Train Member

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    These are the additional stress exercises and BMI evaluation exams. JBHunt calls them "Road Ready" or something like that which include some lifting and climbing type exercises, and a short exercise after they check heart rate.
    More than any standard DOT physical.
    They bounce a lot of applicants, and usually older/heavier people.
     
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