age discrimination

Discussion in 'Trucking Industry Regulations' started by orangepicker, Feb 8, 2014.

  1. Another Canadian driver

    Another Canadian driver Road Train Member

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    You are doing good.
    Good for you.
    You are smart.
     
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  3. Another Canadian driver

    Another Canadian driver Road Train Member

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    Go for it.
    I'm 68 and having the fun of a life time.
     
    dwells40 Thanks this.
  4. gentleroger

    gentleroger Road Train Member

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    My brother in law works is an HR weinie. It is very true and is widespread. Any job that makes an applicant list high school or college graduation date can and usually will ballpark their age. Legal? No, but it's reality. Plant managers had different strategies for implementing discriminatory practices. One of Scott's duties when discrimination was alleged was to fire the managers for unrealatable reasons and figure out a way to justify their illegal practices.


    Not trucking specific but
    Prohibited Employment Policies/Practices

    "If an employer requires job applicants to take a test, the test must be necessary and related to the job and the employer may not exclude people of a particular race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, or individuals with disabilities. In addition, the employer may not use a test that excludes applicants age 40 or older if the test is not based on a reasonable factor other than age."

    "Use of tests and other selection procedures can also violate the federal anti-discrimination laws if they disproportionately exclude people in a particular group by race, sex, or another covered basis, unless the employer can justify the test or procedure under the law."
    If a trucking company wanted to, they can design and administer a test that would allow them to exclude the vast majority of people over 60 without breaking the law.

    I would posit that creating such a test would be much more effort than it's worth, but technically legal.
     
    ZVar and Another Canadian driver Thank this.
  5. Another Canadian driver

    Another Canadian driver Road Train Member

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    They are wrong to file.
     
  6. Another Canadian driver

    Another Canadian driver Road Train Member

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    Go for it, brother.
     
  7. NY2001

    NY2001 Light Load Member

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    Perhaps I’m not being clear. What I’m saying is age discrimination laws do not apply to truck driving. Most employers don’t discriminate against elderly drivers, but they’re not prohibited from doing so. This means it’s legal for your employer to discriminate against your age even if you’re 40 or older because age is recognized as a bona fide occupational qualification. There doesn’t have to be a case, it’s all in the articles I provided to you. This was something I was taught in school.

    If you’re over 40, I’m just saying that it’s very unlikely you’ll be discriminated, and I actually encourage you to become a truck driver especially if you don’t mind traveling far away from home, but your employer can ask for your age and discriminate it, the same reason police departments can refuse to hire older people from being cops.

    The bus driver cases are probably applicable to any job where sudden illness presents a substantial safety risk to the employee, fellow employees, or the general public. Examples might well be truck drivers, pilots, firemen, police officers, and steeplejacks. 31 Moreover, the rationale behind maximum-age hiring limitations may apply equally to the establishment of mandatory retirement ages in discharge situations.3 7
     
    Last edited: May 24, 2022
  8. ZVar

    ZVar Road Train Member

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    If age discrimination laws don't apply for truck drivers there will be laws with said exemption, or at least court cases. Reposting the same unsourced article proves nothing. If you want to assert that age discrimination laws are exempted for truck drivers you need to provide actual proof, not some random user edited article, but actual law that supports the assertion.
     
  9. REO6205

    REO6205 Road Train Member

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    I usually refuse to hire anyone who doesn't have gray hair. So far it's worked out fine.
     
  10. ZVar

    ZVar Road Train Member

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    Plus, I'm trying to wrap my mind around how age makes one unsafe to drive. Don't bother quoting reaction times, as if you are in a situation where reaction times matter you already are screwed.
    As long as the physical is passed, one should be good.
     
  11. buddyd157

    buddyd157 Road Train Member

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    i have been waiting to respond to this thread....but i was in my mid 60's when i go the job i retired from. i tried several places, here with like 40 + years experience, and i was told, "we are taking applications at this time"...you know, the old "brush off"

    clean driving record, part time instructor, safety awarded driver.....

    my former boss told me, he'd "prefer older drivers, cuz we show up for work, do the job, and don't pester him"....lol

    i miss that job, even though it was driving in downtown Boston, in Chinatown, and Southie, with a 53 footer, with the tandems all the way forward.. 5 nights a week...!!
     
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