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EEOC Backs Alcoholic Truck Drivers.

The federal government has sued a major trucking company for its firing of driver with an admitted alcohol abuse problem.

Alcoholism is classified as a disability under the Americans with Disabilities Act, the suit maintains, and therefore employees cannot be prohibited even from driving 18 wheelers due to their histories of abuse.

The Equal Employment Opportunity Commission, which filed the suit against the Old Dominion Freight Line trucking company on August 16, noted that while “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 detailed the case on its website:

Old Dominion Freight Line, Inc., a trucking company with a service center in Fort Smith, Ark., violated federal law by discriminating against at least one truck driver because of self-reported alcohol abuse, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. The company should have met its legal obligation to comply with the Americans with Disabilities Act while assuring safety, rather than permanently sidelining self-reporting drivers, the EEOC contended.

According to the EEOC’s suit (Civil Action No. 2:11-CV-02153-PKH in U.S. District Court for the Western District of Arkansas), the driver at the Fort Smith location had worked for the company for five years without incident. In late June 2009, the employee reported to the company that he believed he had an alcohol problem. Under U.S. Department of Transportation regulations, the employer suspended the employee from his driving position and referred him for substance abuse counseling.  However, the employer also informed the driver that the employer would never return him to a driving position, even upon the successful completion of a counseling program. During the investigation, the EEOC discovered drivers at other service centers whom the employer had allegedly subjected to similar treatment…

“The ADA mandates that persons with disabilities have an equal opportunity to achieve in the workplace.  Old Dominion’s policy and practice of never returning an employee who self-reports an alcohol problem to a driving position violates that law,” said Katharine Kores, director of the EEOC’s Memphis District Office, whose jurisdiction includes 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.”

If the EEOC prevails, of course, it will mean that Old Dominion will still be liable both for any damage to life or property that results from a potential relapse by one of its recovering drivers – which in turn increases the risks involved in investment in the company – and for the cost of trying to ensure that such damage never occurs. All of these new burdens will raise Old Dominion’s cost of doing business, and hence the cost of everything they transport. And all of this can’t possibly ensure that a recovering driver does not relapse without the company’s knowledge.

The Cato Institute’s Walter Olsen notes that the EEOC has made a number of similar decisions:

For years the ADA has provided legal muscle to employees terminated for alcohol problems — just the other day, for example, a Florida State University administrator dismissed after frictions with staff sued the university for not accommodating his alcohol abuse. But that’s just the academic setting, where many administrators can glide by in a bit of a haze for years without causing real problems. (UCLA’s Steve Bainbridge quips that the college official’s description of drinking as a “handicap” is off base: “it’s always come in handy for me.”) Are we really required to take chances with 18-wheelers on the highway?

Despite the apparent precedent for alcoholism-related lawsuits, EEOC’s case might not be a slam dunk. As the Competitive Enterprise Institute’s Hans Bader notes, a federal appellate court ruled in 1995 that employers can fire someone for problems caused by an ADA-qualified disability if that disability “poses a significant risk [to others] that cannot be eliminated by reasonable accommodation.”

The U.S. Fourth Circuit Court of Appeals established that standard when it ruled against an HIV-positive individual who sued the University of Maryland Medical System Corporation for firing him from its residency program for fear that he might inadvertently infect hospital patients with the virus.  Source:  Lachlan Markay, The Foundry.

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