Obama Admn suing Trucking Firm after firing drunk driver. wtf!

[Primemuscle]

I read the law, still dont see how it applies to a trucking firm where others are in danger.  

Let me explain. But first, I want you to know that I think laws against and the punishments for driving under the influence should be even tougher than they are. In some places, like Germany I believe, if you get caught driving under the influence, you lose your license forever. I noticed a lot of folks bicycling to work when I was last in Germany.

Anyway, ADA classifies alcoholism as a disability. Since 1990 all employers, including trucking companies, have been required to comply with ADA rules. This doesn't mean they have to allow this fellow to drive truck for them, it means they must endeavor to accommodate his disability and they must afford him the opportunity to go though an alcoholic treatment program. If they can find some other job which doesn't require driving a truck for him until he is deemed "recovered", then great....everyone is happy. However, if their is no "reasonable accommodation" available, then they could terminate him. Remember, he is considered disabled. Technically, he would be eligible for disability benefits because of his disease.

What the trucking company should have done to be in compliance with the law is to offer this fellow time off to go through a treatment program before they officially terminated him. Most employers write this up as a "last chance" for the employee. This way, should they return to work and in the future and are even suspected of drinking on the job, they are fired....no questions asked. No recourse.

Again, I hear you when you say that you'd hate to think that the fellow driving a big rig with a load of fuel next to you on the freeway is possibly under the influence.... Best that you don't think about it at all, because truckers have been known to use amphetamines to stay awake for days at a time.

If you believe the ADA rules should be altered to reflect the danger truckers who drive under the influence present to the rest of us, you should lobby your legislators regarding this concern. Start a campaign. Write letters to the editor. Etc. In other words, rather than look for someone to blame, use that energy to effect a change in the law.  

[Hugo Chavez]

Let me explain. But first, I want you to know that I think laws against and the punishments for driving under the influence should be even tougher than they are. In some places, like Germany I believe, if you get caught driving under the influence, you lose your license forever. I noticed a lot of folks bicycling to work when I was last in Germany.

Anyway, ADA classifies alcoholism as a disability. Since 1990 all employers, including trucking companies, have been required to comply with ADA rules. This doesn't mean they have to allow this fellow to drive truck for them, it means they must endeavor to accommodate his disability and they must afford him the opportunity to go though an alcoholic treatment program. If they can find some other job which doesn't require driving a truck for him until he is deemed "recovered", then great....everyone is happy. However, if their is no "reasonable accommodation" available, then they could terminate him. Remember, he is considered disabled. Technically, he would be eligible for disability benefits because of his disease.

What the trucking company should have done to be in compliance with the law is to offer this fellow time off to go through a treatment program before they officially terminated him. Most employers write this up as a "last chance" for the employee. This way, should they return to work and in the future and are even suspected of drinking on the job, they are fired....no questions asked. No recourse.

Again, I hear you when you say that you'd hate to think that the fellow driving a big rig with a load of fuel next to you on the freeway is possibly under the influence.... Best that you don't think about it at all, because truckers have been known to use amphetamines to stay awake for days at a time.

If you believe the ADA rules should be altered to reflect the danger truckers who drive under the influence present to the rest of us, you should lobby your legislators regarding this concern. Start a campaign. Write letters to the editor. Etc. In other words, rather than look for someone to blame, use that energy to effect a change in the law.  

from that it sounds like they will lose the lawsuit.  They did offer him another position with the company.

[Primemuscle]

from that it sounds like they will lose the lawsuit.  They did offer him another position with the company.

If you are correct in that he was offered a different position and there are no other conflicting details we don't know about. It would seem he doesn't have a valid lawsuit. However, it is odd that the EEOC took this on if that's the case. These agencies generally only take cases they are fairly sure of winning.

I once had a clear case of age discrimination against my employer because my boss stated to me that I didn't get a promotion because another candidate "had a lot of energy" (she didn't it turned out). However, the term energy as applied to a forty year old verses a sixty year old in this case was age discrimination. By the way, it was not a position which required physical energy, just some brains and management skills (she didn't have these either). I contacted the Bureau of Labor and Industries who directed me to the EEOC. They were very interested in taking the case. As it turned out, I accepted a cash settlement from my employer in exchange for not pursuing legal action. This way, I made some extra money and kept my job until I retired five years later. The energetic lady ended up being off work with health issues more than she was at work working. She eventually took disability and resigned. I had the last laugh!