I am not sure why she would have a better case than all the men. Doesn't sound like they discriminated against women, they "discriminated" against people who weren't strong/healthy enough to lift 75 lbs.
That has 0 to do with gender. Healthy adults should be able to lift 75 lbs.
Any who use the phyical standards test discrimation
Discussion in 'Report A BAD Trucking Company Here' started by The Patriot, Jan 26, 2016.
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All of this is great.. but what the people wanting to do jobs that are safety sensitive (truck driving is one of these). What they fail to consider is the costs and risks of employing them if they are involved in some accident REGARDLESS OF FAULT!!!
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"It could have been foreseen that giving an 80k lb load to a person with a physical handicap was putting the public at risk. The company was negligent, and should be held responsible."
They are more scared of THOSE lawyers than the discrimination lawyers. It's a "d-a-mned if you do, d-a-mned if you don't" scenario. -
Well thank you OP for your service.
I have long thought the medical exam just opened the door to discrimination to those with disabilities by these trucking companies. Obviously, you don't want to have someone behind the wheel that is about to have a heart attack or go in to a diabetic coma. But some of the crap that has been added in recent years is just that crap. Hopping on one leg, counting fingers, bending over touching toes. While I have no problem passing these tests there may be some day in the future that may not be the case and does that impact on my ability to drive a truck. I just see by using 'medical excuses' a company can discrimate quite easily, and hide from any potential lawsuit. After, all almost any job at Dart...Swift and Marten transport is not that physical in the first place. In fact when I did a stint with Swift, most of the orientation class was weeded out after the medical exam even though they all had current medical cards. I am afraid it is just a way to reduce insurance costs since all three of these companies are not only self insured for liability, but medical as well. -
I meet drivers everyday that have a mental disability.
canviskiller and ttyson Thank this. -
wonder if the OP was allowed to re enlist or was medically disqualified
there is training for better jobs available -
Maybe I should have explained this better so folks understand.
This standards discrimination was brought to my attention as I had never heard of any company doing this. Also I never take anyone's word for anything so I decided to apply at various companies. ...not really needing the jobs of course. Knew with my level of experience and clean record I would be getting calls right away.... I was right and the rest is what I stated. Also a few of the calls I recorded...Since then have talked to several veterans and disability groups who have a real interest in companies now that do this for possible legal action but they would really like to hear from more folks who have been directly effected as a result of this. Several so far due to this post have contacted me and I turned them in the right direction to get help. Discrimination no matter what kind...effects us all and hurts not only the industry but the individual who might otherwise be fully capable of working a good and steady job if not for this type of discrimination. -
The Patriot Thanks this.
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The problem is with these bs "at will" employment laws... Basically they were a measure to keep unions out, but trucking companies come up with this "we don't need a reason to fire you or deny you employment" crap. Also it's used as a tool for companies to screw over drivers or in some cases, to coerce drivers into fudging logs, running unsafe, etc. nothing more than a method this industry to get around labor laws.
I worked for one company out of Iowa where they started using the "physical test" garbage after someone wound up having a knee problem when he slipped on ice. it was pretty much a way for that company to keep from paying out any workers comp. I get it that drivers have to be careful and it's a safety sensitive industry, but this notion that some have that the only people who collect workers comp are ones who main themselves to get out of working is pretty ignorant.The Patriot Thanks this.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
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