Any who use the phyical standards test discrimation

Discussion in 'Report A BAD Trucking Company Here' started by The Patriot, Jan 26, 2016.

  1. The Patriot

    The Patriot Heavy Load Member

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    Wanted to address this when a member here and I had a conversation but I had to make the time to apply at a few of the megas to get their responses firsthand as I am a slightly disabled war veteran. First you should know that I am listed as disabled to a small degree having been shot through a shoulder in the conflict in Afghanistan in 2003. I can pass any DOT physical with flying colors....perform duties as a commercial driver but cannot put say over 40 lbs on my left arm as it will start shaking and lose grip due to my disability. Three companies which I will name...Dart...Swift and Marten transport...even when reminded of the Veterans and the Americans with disabilities act actually said they can use "any means" they want in their hiring process. One company Werner... stated they would waive any such test and other than job specific would not test using the "non sense" that others do. So I have to give Werner credit....also stating how they value US veterans. For the record my company does not use this practice and as far as I am aware will not in the future.
    I am going to continue to apply at more to find out if they openly use discrimination in their practices...also have been ask by Wounded Warriors to share my findings as well as a couple of legal minded veterans advocacy groups.
    If any of you have a disability either as a veteran or not please post the company to which you feel you were discriminated by and I will try to do a follow up. This not only effects the industry but is a criminal and shameless act that cannot be allowed to continue.
    For those unaware of the law please read.
    http://www.eeoc.gov/eeoc/publications/ada_veterans_employers.cfm
     
    Last edited: Jan 26, 2016
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  3. ttyson

    ttyson Medium Load Member

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    So you are claiming "discrimination" because you cant pass some facet of the physical tests? Am l understanding that correctly ?
     
  4. The Patriot

    The Patriot Heavy Load Member

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    Not me pal...never came across it in the companies I have worked for. Came across a post then talked to a vet who had been discriminated against on social media about this so I applied at several of the usual suspect companies to find out more and yep..its real. Actually after posting this received several messages about law suits against companies for this kind of practice. One involving a woman who could not lift weights as her male counterparts and this job did not involve lifting...just driving.
    Us vets tend to watch our brother's and sister's backs out here...just as we did in war and others too for that matter when it comes to things like this....
     
  5. 8thnote

    8thnote Road Train Member

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    My employer required me to pass a Functional Capacity Test as a condition of employment. I am not a vet, but I suffered a shoulder injury from a car accident when I was a teenager. I was worried about the test because I don't have full range of motion or full strength in my injured shoulder. I passed the test (which was administered using a bespoke apparatus at a physical therapy clinic). After starting the job, I saw the reason for the test. I'm required to load and unload my trailer, every day, using a hydraulic lift-gate and it sometimes (but not always) requires a great deal of physical strength. I think that an employer has every right to ensure that the person that they are hiring is physically capable of doing the job, regardless of gender or veteran status. Just because a job doesn't require physical strength every day doesn't mean that it won't require it on some days. Drivers must be able to pull fifth wheel release, pull trailer slider box levers, occasionally assist in unloading, and any other number of physical duties. If someone is not able to perform these duties when necessary, then they are of no use to the employer.
     
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  6. The Patriot

    The Patriot Heavy Load Member

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    I agree if it is job specific but the law is quite clear that the employer has to make reasonable provisions to handicapped or disabled persons.
     
  7. ttyson

    ttyson Medium Load Member

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    Excuse me if l dont clearly understand,So you are saying if a non-vet cant pass the test,he'll be hired anyway and a vet that fails will not be hired? Is that how the "discrimination" is being applied?
     
  8. thelushlarry

    thelushlarry Road Train Member

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    Mike you do not know nothing!
     
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  9. ttyson

    ttyson Medium Load Member

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    well l understand discrimimination, what's got me stumped though, is he being discrimated because he's a vet or because he's disabled ?
     
    Last edited: Jan 27, 2016
  10. thelushlarry

    thelushlarry Road Train Member

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    Well a vet is someone hurt no fault of their own. Kinda like Evander Holyfield he has a ear problem. However, he did not cause it someone else did!
     
  11. ttyson

    ttyson Medium Load Member

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    No,no,no, Holyfields'ear problem is 100% his fault! He weighed his risk vs reward calculations and decided to jump into an extremely dangerous situation..
     
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