Government Sues Trucking Company for Taking Keys Away From Alcoholic Driver
Fox News ^ | 9/2/11 | Stephen Clark
Posted on September 3, 2011 11:43:33 AM EDT by Impala64ssa
Citing a violation of the Americans with Disabilities Act, the Obama administration is suing a trucking company for taking the keys away from an Arkansas driver and eventually firing him after he admitted he was battling alcohol abuse.
The U.S. Equal Employment Opportunity Commission filed a lawsuit this week arguing that Old Dominion Freight Line discriminated against Charles Grams by stripping him of his position and offering him a demotion even if he completed a substance abuse counseling program.
Instead, the EEOC argued, the North Carolina-based company, which has a service center in Arkansas, should have complied with the law, known as the ADA, while ensuring safety.
“The ADA mandates that persons with disabilities have an equal opportunity to achieve in the workplace,” said Katharine Kores, director of the EEOCs Memphis District Office, which covers Arkansas. “While the EEOC agrees that an employer’s concern regarding safety on our highways is a legitimate issue, an employer can both ensure safety and comply with the ADA.”
The EEOC says alcoholism is a recognized disability under the ADA and that the company violated the law with its policy that bans any driver who admits alcohol abuse from driving again.
The EEOC wants the company to reinstate Grams and another affected driver to their previous positions and provide them with back pay, compensatory and punitive damages and compensation for lost benefits. The EEOC is also seeking to block the company’s alcohol-related policy.
The company's policy bans any driver who self-reports alcohol abuse from driving again. Reassignment to a non-driving position is contingent upon the driver enrolling in a treatment program.
Joel McCarty, general counsel to Old Dominion, wouldn’t comment on the details of the pending litigation. But he told FoxNews.com, “We intend to vigorously defend our position.” snip “Our concern is safety,” he said.
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